Chapter 2919: OFFENSES AGAINST THE FAMILY

(A)
No married
person shall marry another or continue to cohabit with such other person in
this state.

(B)
It is an
affirmative defense to a charge under this section that the actor's spouse was
continuously absent for five years immediately preceding the purported
subsequent marriage, and was not known by the actor to be alive within that
time.

(C)
Whoever violates this
section is guilty of bigamy, a misdemeanor of the first degree.

As used in the Revised Code, "abortion" means the purposeful
termination of a human pregnancy by any person, including the pregnant woman
herself, with an intention other than to produce a live birth or to remove a
dead fetus or embryo. Abortion is the practice of medicine or surgery for the
purposes of section
4731.41 of the Revised Code.

(a)
No
person shall knowingly perform or induce an abortion upon a woman who is
pregnant, unmarried, under eighteen years of age, and unemancipated unless at
least one of the following applies:

(i)
Subject to division (B)(2) of this section, the person has given at least
twenty-four hours actual notice, in person or by telephone, to one of the
woman's parents, her guardian, or her custodian as to the intention to perform
or induce the abortion, provided that if the woman has requested, in accordance
with division (B)(1)(b) of this section, that notice be given to a specified
brother or sister of the woman who is twenty-one years of age or older or to a
specified stepparent or grandparent of the woman instead of to one of her
parents, her guardian, or her custodian, and if the person is notified by a
juvenile court that affidavits of the type described in that division have been
filed with that court, the twenty-four hours actual notice described in this
division as to the intention to perform or induce the abortion shall be given,
in person or by telephone, to the specified brother, sister, stepparent, or
grandparent instead of to the parent, guardian, or custodian;

(ii)
One of the woman's parents, her
guardian, or her custodian has consented in writing to the performance or
inducement of the abortion;

(iii)
A juvenile court pursuant to section
2151.85 of the Revised Code issues
an order authorizing the woman to consent to the abortion without notification
of one of her parents, her guardian, or her custodian;

(iv)
A juvenile court or a court of appeals,
by its inaction, constructively has authorized the woman to consent to the
abortion without notification of one of her parents, her guardian, or her
custodian under division (B)(1) of section
2151.85 or division (A) of section
2505.073 of the Revised Code.

(b)
If a woman who is
pregnant, unmarried, under eighteen years of age, and unemancipated desires
notification as to a person's intention to perform or induce an abortion on the
woman to be given to a specified brother or sister of the woman who is
twenty-one years of age or older or to a specified stepparent or grandparent of
the woman instead of to one of her parents, her guardian, or her custodian, the
person who intends to perform or induce the abortion shall notify the specified
brother, sister, stepparent, or grandparent instead of the parent, guardian, or
custodian for purposes of division (B)(1)(a)(i) of this section if all of the
following apply:

(i)
The woman has requested
the person to provide the notification to the specified brother, sister,
stepparent, or grandparent, clearly has identified the specified brother,
sister, stepparent, or grandparent and her relation to that person, and, if the
specified relative is a brother or sister, has indicated the age of the brother
or sister;

(ii)
The woman has
executed an affidavit stating that she is in fear of physical, sexual, or
severe emotional abuse from the parent, guardian, or custodian who otherwise
would be notified under division (B)(1)(a)(i) of this section, and that the
fear is based on a pattern of physical, sexual, or severe emotional abuse of
her exhibited by that parent, guardian, or custodian, has filed the affidavit
with the juvenile court of the county in which the woman has a residence or
legal settlement, the juvenile court of any county that borders to any extent
the county in which she has a residence or legal settlement, or the juvenile
court of the county in which the hospital, clinic, or other facility in which
the abortion would be performed or induced is located, and has given the court
written notice of the name and address of the person who intends to perform or
induce the abortion;

(iii)
The
specified brother, sister, stepparent, or grandparent has executed an affidavit
stating that the woman has reason to fear physical, sexual, or severe emotional
abuse from the parent, guardian, or custodian who otherwise would be notified
under division (B)(1)(a)(i) of this section, based on a pattern of physical,
sexual, or severe emotional abuse of her by that parent, guardian, or
custodian, and the woman or the specified brother, sister, stepparent, or
grandparent has filed the affidavit with the juvenile court in which the
affidavit described in division (B)(1)(b)(ii) of this section was filed;

(iv)
The juvenile court in which
the affidavits described in divisions (B)(1)(b)(ii) and (iii) of this section
were filed has notified the person that both of those affidavits have been
filed with the court.

(c)
If an affidavit of the type described in
division (B)(1)(b)(ii) of this section and an affidavit of the type described
in division (B)(1)(b)(iii) of this section are filed with a juvenile court and
the court has been provided with written notice of the name and address of the
person who intends to perform or induce an abortion upon the woman to whom the
affidavits pertain, the court promptly shall notify the person who intends to
perform or induce the abortion that the affidavits have been filed. If
possible, the notice to the person shall be given in person or by telephone.

(2)
If division
(B)(1)(a)(ii), (iii), or (iv) of this section does not apply, and if no parent,
guardian, or custodian can be reached for purposes of division (B)(1)(a)(i) of
this section after a reasonable effort, or if notification is to be given to a
specified brother, sister, stepparent, or grandparent under that division and
the specified brother, sister, stepparent, or grandparent cannot be reached for
purposes of that division after a reasonable effort, no person shall perform or
induce such an abortion without giving at least forty-eight hours constructive
notice to one of the woman's parents, her guardian, or her custodian, by both
certified and ordinary mail sent to the last known address of the parent,
guardian, or custodian, or if notification for purposes of division
(B)(1)(a)(i) of this section is to be given to a specified brother, sister,
stepparent, or grandparent, without giving at least forty-eight hours
constructive notice to that specified brother, sister, stepparent, or
grandparent by both certified and ordinary mail sent to the last known address
of that specified brother, sister, stepparent, or grandparent. The
forty-eight-hour period under this division begins when the certified mail
notice is mailed. If a parent, guardian, or custodian of the woman, or if
notification under division (B)(1)(a)(i) of this section is to be given to a
specified brother, sister, stepparent, or grandparent, the specified brother,
sister, stepparent, or grandparent, is not reached within the forty-eight-hour
period, the abortion may proceed even if the certified mail notice is not
received.

(3)
If a parent,
guardian, custodian, or specified brother, sister, stepparent, or grandparent
who has been notified in accordance with division (B)(1) or (2) of this section
clearly and unequivocally expresses that he or she does not wish to consult
with a pregnant woman prior to her abortion, then the abortion may proceed
without any further waiting period.

(4)
For purposes of prosecutions for a
violation of division (B)(1) or (2) of this section, it shall be a rebuttable
presumption that a woman who is unmarried and under eighteen years of age is
unemancipated.

(1)
It is an affirmative defense to a charge
under division (B)(1) or (2) of this section that the pregnant woman provided
the person who performed or induced the abortion with false, misleading, or
incorrect information about her age, marital status, or emancipation, about the
age of a brother or sister to whom she requested notice be given as a specified
relative instead of to one of her parents, her guardian, or her custodian, or
about the last known address of either of her parents, her guardian, her
custodian, or a specified brother, sister, stepparent, or grandparent to whom
she requested notice be given and the person who performed or induced the
abortion did not otherwise have reasonable cause to believe the pregnant woman
was under eighteen years of age, unmarried, or unemancipated, to believe that
the age of a brother or sister to whom she requested notice be given as a
specified relative instead of to one of her parents, her guardian, or her
custodian was not twenty-one years of age, or to believe that the last known
address of either of her parents, her guardian, her custodian, or a specified
brother, sister, stepparent, or grandparent to whom she requested notice be
given was incorrect.

(2)
It is an
affirmative defense to a charge under this section that compliance with the
requirements of this section was not possible because an immediate threat of
serious risk to the life or physical health of the pregnant woman from the
continuation of her pregnancy created an emergency necessitating the immediate
performance or inducement of an abortion.

(D)
Whoever violates this section is guilty
of unlawful abortion. A violation of division (A) of this section is a
misdemeanor of the first degree on the first offense and a felony of the fourth
degree on each subsequent offense. A violation of division (B) of this section
is a misdemeanor of the first degree on a first offense and a felony of the
fifth degree on each subsequent offense.

(E)
Whoever violates this section is liable
to the pregnant woman and her parents, guardian, or custodian for civil
compensatory and exemplary damages.

(F)
As used in this section "unemancipated"
means that a woman who is unmarried and under eighteen years of age has not
entered the armed services of the United States, has not become employed and
self-subsisting, or has not otherwise become independent from the care and
control of her parent, guardian, or custodian.

(A)
For
the purpose of this section, a minor shall be considered "emancipated" if the
minor has married, entered the armed services of the United States, become
employed and self-subsisting, or has otherwise become independent from the care
and control of her parent, guardian, or custodian.

(B)
No
person shall knowingly perform or induce an abortion upon a pregnant minor
unless one of the following is the case:

(1)
The
attending physician has secured the informed written consent of the minor and
one parent, guardian, or custodian;

(2)
The
minor is emancipated and the attending physician has received her written
informed consent;

(3)
The minor has
been authorized to consent to the abortion by a court order issued pursuant to
division (C) of this section, and the attending physician has received her
informed written consent;

(4)
The
court has given its consent in accordance with division (C) of this section and
the minor is having the abortion willingly.

(C)
The
right of a minor to consent to an abortion under division (B)(3) of this
section or judicial consent to obtain an abortion under division (B)(4) of this
section may be granted by a court order pursuant to the following procedures:

(1)
The
minor or next friend shall make an application to the juvenile court of the
county in which the minor has a residence or legal settlement or the juvenile
court of any county that borders the county in which she has a residence or
legal settlement. The juvenile court shall assist the minor or next
friend in preparing the petition and notices required by this section. The
minor or next friend shall thereafter file a petition setting forth all of the
following: the initials of the minor; her age; the names and addresses of each
parent, guardian, custodian, or, if the minor's parents are deceased and no
guardian has been appointed, any other person standing in loco parentis of the
minor; that the minor has been fully informed of the risks and consequences of
the abortion; that the minor is of sound mind and has sufficient intellectual
capacity to consent to the abortion; that the minor has not previously filed a
petition under this section concerning the same pregnancy that was denied on
the merits; that, if the court does not authorize the minor to consent to the
abortion, the court should find that the abortion is in the best interests of
the minor and give judicial consent to the abortion; that the court should
appoint a guardian ad litem; and if the minor does not have private counsel,
that the court should appoint counsel. The petition shall be signed by the
minor or the next friend.

(a)
A hearing on the merits shall be held
on the record as soon as possible within five days of filing the petition. If
the minor has not retained counsel, the court shall appoint counsel at least
twenty-four hours prior to the hearing. The court shall appoint a guardian ad
litem to protect the interests of the minor at the hearing. If the guardian ad
litem is an attorney admitted to the practice of law in this state, the court
may appoint the guardian ad litem to serve as the minor's counsel. At the
hearing, the court shall do all of the following:

(i)
Hear
evidence relating to the emotional development, maturity, intellect, and
understanding of the minor; the nature, possible consequences, and alternatives
to the abortion; and any other evidence that the court may find useful in
determining whether the minor should be granted the right to consent to the
abortion or whether the abortion is in the best interests of the minor;

(ii)
Specifically inquire about the minor's understanding of the possible physical
and emotional complications of abortion and how the minor would respond if the
minor experienced those complications after the abortion;

(iii)
Specifically inquire about the extent to which anyone has instructed the minor
on how to answer questions and on what testimony to give at the
hearing.

(b)
If the
minor or her counsel fail to appear for a scheduled hearing, jurisdiction shall
remain with the judge who would have presided at the hearing.

(3)
If the court
finds by clear and convincing evidence that the
minor is sufficiently mature and well enough informed to decide intelligently
whether to have an abortion, the court shall grant the petition and permit the
minor to consent to the abortion.

If the court finds
by clear and convincing evidence that the
abortion is in the best interests of the minor, the court shall give judicial
consent to the abortion, setting forth the grounds for its finding.

If the court does not make
either of the findings specified in division (C)(3) of this section, the court
shall deny the petition, setting forth the grounds on which the petition is
denied.

The court shall issue its
order not later than twenty-four hours after the end of the hearing.

(4)
No juvenile
court shall have jurisdiction to rehear a petition concerning the same
pregnancy once a juvenile court has granted or denied the petition.

(5)
If
the petition is granted, the informed consent of the minor, pursuant to a court
order authorizing the minor to consent to the abortion, or judicial consent to
the abortion, shall bar an action by the parents, guardian, or custodian of the
minor for battery of the minor against any person performing or inducing the
abortion. The immunity granted shall only extend to the performance or
inducement of the abortion in accordance with this section and to any
accompanying services that are performed in a competent manner.

(6)
An
appeal from an order issued under this section may be taken to the court of
appeals by the minor. The record on appeal shall be completed and the appeal
perfected within four days from the filing of the notice of appeal. Because the
abortion may need to be performed in a timely manner, the supreme court shall,
by rule, provide for expedited appellate review of cases appealed under this
section.

(7)
All
proceedings under this section shall be conducted in a confidential manner and
shall be given such precedence over other pending matters as will ensure that
the court will reach a decision promptly and without delay.

The petition and all other
papers and records that pertain to an action commenced under this section shall
be kept confidential and are not public records under section
149.43 of the Revised Code.

(8)
No filing fee
shall be required of or court costs assessed against a person filing a petition
under this section or appealing an order issued under this section.

(9)
Nothing in
division (C) of this section shall constitute a waiver of any testimonial
privilege provided under the Revised Code or at common law.

(D)
It is an
affirmative defense to any civil, criminal, or professional disciplinary claim
brought under this section that compliance with the requirements of this
section was not possible because an immediate threat of serious risk to the
life or physical health of the minor from the continuation of her pregnancy
created an emergency necessitating the immediate performance or inducement of
an abortion.

(E)
Whoever
violates division (B) of this section is guilty of unlawful abortion, a
misdemeanor of the first degree. If the offender previously has been convicted
of or pleaded guilty to a violation of this section, unlawful abortion is a
felony of the fourth degree.

(F)
Whoever violates division (B) of this section is liable to the pregnant minor
and her parents, guardian, or custodian for civil, compensatory, and exemplary
damages.

Section
2919.121 of the Revised Code
applies in lieu of division (B) of section
2919.12 of the Revised Code
whenever its operation is not enjoined. If section
2919.121 of the Revised Code is
enjoined, division (B) of section
2919.12 of the Revised Code
applies.

If a person complies with the requirements of division (B) of
section 2919.12 of the Revised Code under
the good faith belief that the application or enforcement of section
2919.121 of the Revised Code is
subject to a restraining order or injunction, good faith compliance shall
constitute a complete defense to any civil, criminal, or professional
disciplinary action brought under section
2919.121 of the Revised Code.

If a person complies with the requirements of section
2919.121 of the Revised Code under
the good faith belief that it is not subject to a restraining order or
injunction, good faith compliance shall constitute a complete defense to any
criminal, civil, or professional disciplinary action for failure to comply with
the requirements of division (B) of section
2919.12 of the Revised Code.

(A)
No person shall knowingly give, sell,
dispense, administer, otherwise provide, or prescribe RU-486 (mifepristone) to
another for the purpose of inducing an abortion in any person or enabling the
other person to induce an abortion in any person, unless the person who gives,
sells, dispenses, administers, or otherwise provides or prescribes the RU-486
(mifepristone) is a physician, the physician satisfies all the criteria
established by federal law that a physician must satisfy in order to provide
RU-486 (mifepristone) for inducing abortions, and the physician provides the
RU-486 (mifepristone) to the other person for the purpose of inducing an
abortion in accordance with all provisions of federal law that govern the use
of RU-486 (mifepristone) for inducing abortions. A person who gives, sells,
dispenses, administers, otherwise provides, or prescribes RU-486 (mifepristone)
to another as described in division (A) of this section shall not be prosecuted
based on a violation of the criteria contained in this division unless the
person knows that the person is not a physician, that the person did not
satisfy all the specified criteria established by federal law, or that the
person did not provide the RU-486 (mifepristone) in accordance with the
specified provisions of federal law, whichever is applicable.

(B)
No physician who provides RU-486
(mifepristone) to another for the purpose of inducing an abortion as authorized
under division (A) of this section shall knowingly fail to comply with the
applicable requirements of any federal law that pertain to follow-up
examinations or care for persons to whom or for whom RU-486 (mifepristone) is
provided for the purpose of inducing an abortion.

(1)
If
a physician provides RU-486 (mifepristone) to another for the purpose of
inducing an abortion as authorized under division (A) of this section and if
the physician knows that the person who uses the RU-486 (mifepristone) for the
purpose of inducing an abortion experiences during or after the use an
incomplete abortion, severe bleeding, or an adverse reaction to the RU-486
(mifepristone) or is hospitalized, receives a transfusion, or experiences any
other serious event, the physician promptly must provide a written report of
the incomplete abortion, severe bleeding, adverse reaction, hospitalization,
transfusion, or serious event to the state medical board. The board shall
compile and retain all reports it receives under this division. Except as
otherwise provided in this division, all reports the board receives under this
division are public records open to inspection under section
149.43 of the Revised Code. In no
case shall the board release to any person the name or any other personal
identifying information regarding a person who uses RU-486 (mifepristone) for
the purpose of inducing an abortion and who is the subject of a report the
board receives under this division.

(2)
No physician who provides RU-486
(mifepristone) to another for the purpose of inducing an abortion as authorized
under division (A) of this section shall knowingly fail to file a report
required under division (C)(1) of this section.

(D)
Division (A) of this section does not
apply to any of the following:

(1)
A pregnant
woman who obtains or possesses RU-486 (mifepristone) for the purpose of
inducing an abortion to terminate her own pregnancy;

(2)
The legal transport of RU-486
(mifepristone) by any person or entity and the legal delivery of the RU-486
(mifepristone) by any person to the recipient, provided that this division does
not apply regarding any conduct related to the RU-486 (mifepristone) other than
its transport and delivery to the recipient;

(3)
The distribution, provision, or sale of
RU-486 (mifepristone) by any legal manufacturer or distributor of RU-486
(mifepristone), provided the manufacturer or distributor made a good faith
effort to comply with any applicable requirements of federal law regarding the
distribution, provision, or sale.

(E)
Whoever violates this section is guilty
of unlawful distribution of an abortion-inducing drug, a felony of the fourth
degree. If the offender previously has been convicted of or pleaded guilty to a
violation of this section or of section
2919.12 ,
2919.121 ,
2919.13 ,
2919.14 ,
2919.151 ,
2919.17 , or
2919.18 of the Revised Code,
unlawful distribution of an abortion-inducing drug is a felony of the third
degree.

If the offender is a professionally licensed person, in
addition to any other sanction imposed by law for the offense, the offender is
subject to sanctioning as provided by law by the regulatory or licensing board
or agency that has the administrative authority to suspend or revoke the
offender's professional license, including the sanctioning provided in section
4731.22 of the Revised Code for
offenders who have a certificate to practice or certificate of registration
issued under that chapter.

(1)
"Federal law" means any law, rule, or
regulation of the United States or any drug approval letter of the food and
drug administration of the United States that governs or regulates the use of
RU-486 (mifepristone) for the purpose of inducing abortions.

(2)
"Personal identifying information" has
the same meaning as in section
2913.49 of the Revised Code.

(3)
"Physician" has the same
meaning as in section
2305.113 of the Revised Code.

(4)
"Professionally licensed
person" has the same meaning as in section
2925.01 of the Revised Code.

(A)
No person shall purposely take the life
of a child born by attempted abortion who is alive when removed from the uterus
of the pregnant woman.

(B)
No
person who performs an abortion shall fail to take the measures required by the
exercise of medical judgment in light of the attending circumstances to
preserve the life of a child who is alive when removed from the uterus of the
pregnant woman.

(C)
Whoever
violates this section is guilty of abortion manslaughter, a felony of the first
degree.

(1)
"Dilation and
evacuation procedure of abortion" does not include the dilation and extraction
procedure of abortion.

(2)
"From
the body of the mother" means that the portion of the fetus' body in question
is beyond the mother's vaginal introitus in a vaginal delivery.

(3)
"Partial birth procedure" means the
medical procedure that includes all of the following elements in sequence:

(a)
Intentional dilation of the cervix of a
pregnant woman, usually over a sequence of days;

(b)
In a breech presentation, intentional
extraction of at least the lower torso to the navel, but not the entire body,
of an intact fetus from the body of the mother, or in a cephalic presentation,
intentional extraction of at least the complete head, but not the entire body,
of an intact fetus from the body of the mother;

(c)
Intentional partial evacuation of the
intracranial contents of the fetus, which procedure the person performing the
procedure knows will cause the death of the fetus, intentional compression of
the head of the fetus, which procedure the person performing the procedure
knows will cause the death of the fetus, or performance of another intentional
act that the person performing the procedure knows will cause the death of the
fetus;

(4)
"Partially born" means that the portion
of the body of an intact fetus described in division (A)(3)(b) of this section
has been intentionally extracted from the body of the mother.

(5)
"Serious risk of the substantial and
irreversible impairment of a major bodily function" means any medically
diagnosed condition that so complicates the pregnancy of the woman as to
directly or indirectly cause the substantial and irreversible impairment of a
major bodily function.

(6)
"Viable" has the same meaning as in section
2901.01 of the Revised Code.

(B)
When the fetus that
is the subject of the procedure is viable, no person shall knowingly perform a
partial birth procedure on a pregnant woman when the procedure is not
necessary, in reasonable medical judgment, to preserve the life or health of
the mother as a result of the mother's life or health being endangered by a
serious risk of the substantial and irreversible impairment of a major bodily
function.

(C)
When the fetus that
is the subject of the procedure is not viable, no person shall knowingly
perform a partial birth procedure on a pregnant woman when the procedure is not
necessary, in reasonable medical judgment, to preserve the life or health of
the mother as a result of the mother's life or health being endangered by a
serious risk of the substantial and irreversible impairment of a major bodily
function.

(D)
Whoever violates
division (B) or (C) of this section is guilty of partial birth feticide, a
felony of the second degree.

(E)
A
pregnant woman upon whom a partial birth procedure is performed in violation of
division (B) or (C) of this section is not guilty of committing, attempting to
commit, complicity in the commission of, or conspiracy in the commission of a
violation of those divisions.

(F)
This section does not prohibit the suction curettage procedure of abortion, the
suction aspiration procedure of abortion, or the dilation and evacuation
procedure of abortion.

(G)
This
section does not apply to any person who performs or attempts to perform a
legal abortion if the act that causes the death of the fetus is performed prior
to the fetus being partially born even though the death of the fetus occurs
after it is partially born.

(A)
"Fertilization" means the fusion of a human spermatozoon with a human
ovum.

(B)
"Gestational
age" or "gestation" means the age of an unborn
child
as calculated from the first day of the last menstrual period of a pregnant
woman.

(C)
"Health care
facility" means a hospital, clinic, ambulatory surgical treatment center, other
center, medical school, office of a physician, infirmary, dispensary, medical
training institution, or other institution or location in or at which medical
care, treatment, or diagnosis is provided to a person.

(E)
"Live birth"
has the same meaning as in division (A) of section
3705.01 of the Revised
Code.

(F)
"Medical
emergency" means a condition that in the
physician's good faith medical judgment, based upon the
facts known to the physician at that time, so complicates the woman's
pregnancy as to necessitate the immediate performance or inducement of an
abortion in order to prevent the death of the pregnant woman or to avoid a
serious risk of the substantial and irreversible impairment of a major bodily
function of the pregnant woman that delay in the performance or inducement of
the abortion would create.

(G)
"Physician" has the same meaning as in section
2305.113 of the Revised
Code.

(H)
"Pregnant"
means the human female reproductive condition, that commences with
fertilization, of having a developing fetus.

(K)
"Serious risk of the
substantial and irreversible impairment of a major bodily function" means any
medically diagnosed condition that so complicates the pregnancy of the woman as
to directly or indirectly cause the substantial and irreversible impairment of
a major bodily function . A
medically diagnosed condition that constitutes a "serious risk of the
substantial and irreversible impairment of a major bodily function" includes
pre-eclampsia, inevitable abortion, and premature rupture of the membranes, may
include, but is not limited to, diabetes and multiple sclerosis, and does not
include a condition related to the woman's mental health.

(L)
"Unborn child" means
an individual organism of the species homo sapiens from fertilization until
live birth.

(M)
"Viable" means the stage of
development of a human fetus at which in the determination of a physician,
based on the particular facts of a woman's pregnancy that are known to the
physician and in light of medical technology and information reasonably
available to the physician, there is a realistic possibility of the maintaining
and nourishing of a life outside of the womb with or without temporary
artificial life-sustaining support.

(1)
It is an
affirmative defense to a charge under division (A) of this section that the
abortion was performed or induced or attempted to be performed or induced by a
physician and that the physician determined, in the physician's good faith
medical judgment, based on the facts known to the physician at that time, that
either of the following applied:

(b)
The abortion
was necessary to prevent the death of the pregnant woman or a serious risk of
the substantial and irreversible impairment of a major bodily function of the
pregnant woman.

(2)
No abortion
shall be considered necessary under division (B)(1)(b) of this section on the
basis of a claim or diagnosis that the pregnant woman will engage in conduct
that would result in the pregnant woman's death or a substantial and
irreversible impairment of a major bodily function of the pregnant woman or
based on any reason related to the woman's mental health.

(C)
Except when
a medical emergency exists that prevents compliance with section
2919.18 of the Revised Code, the
affirmative defense set forth in division (B)(1)(a) of this section does not
apply unless the physician who performs or induces or attempts to perform or
induce the abortion performs the viability testing required by division (A) of
section 2919.18 of the Revised Code and
certifies in writing, based on the results of the tests performed, that in the
physician's good faith medical judgment the unborn child is not
viable.

(D)
Except when
a medical emergency exists that prevents compliance with one or more of the
following conditions, the affirmative defense set forth in division (B)(1)(b)
of this section does not apply unless the physician who performs or induces or
attempts to perform or induce the abortion complies with all of the following
conditions:

(1)
The
physician who performs or induces or attempts to perform or induce the abortion
certifies in writing that, in the physician's good faith medical judgment,
based on the facts known to the physician at that time, the abortion is
necessary to prevent the death of the pregnant woman or a serious risk of the
substantial and irreversible impairment of a major bodily function of the
pregnant woman.

(2)
Another
physician who is not professionally related to the physician who intends to
perform or induce the abortion certifies in writing that, in that physician's
good faith medical judgment, based on the facts known to that physician at that
time, the abortion is necessary to prevent the death of the pregnant woman or a
serious risk of the substantial and irreversible impairment of a major bodily
function of the pregnant woman.

(3)
The
physician performs or induces or attempts to perform or induce the abortion in
a hospital or other health care facility that has appropriate neonatal services
for premature infants.

(4)
The
physician who performs or induces or attempts to perform or induce the abortion
terminates or attempts to terminate the pregnancy in the manner that provides
the best opportunity for the unborn child to survive, unless that physician
determines, in the physician's good faith medical judgment, based on the facts
known to the physician at that time, that the termination of the pregnancy in
that manner poses a greater risk of the death of the pregnant woman or a
greater risk of the substantial and irreversible impairment of a major bodily
function of the pregnant woman than would other available methods of
abortion.

(5)
The
physician certifies in writing the available method or techniques considered
and the reasons for choosing the method or technique employed.

(6)
The
physician who performs or induces or attempts to perform or induce the abortion
has arranged for the attendance in the same room in which the abortion is to be
performed or induced or attempted to be performed or induced at least one other
physician who is to take control of, provide immediate medical care for, and
take all reasonable steps necessary to preserve the life and health of the
unborn child immediately upon the child's complete expulsion or extraction from
the pregnant woman.

(E)
For purposes
of this section, there is a rebuttable presumption that an unborn child of at
least twenty-four weeks gestational age is viable.

(F)
Whoever
violates this section is guilty of terminating or attempting to terminate a
human pregnancy after viability, a felony of the fourth degree.

(G)
The state
medical board shall revoke a physician's license to practice medicine in this
state if the physician violates this section.

(H)
Any
physician who performs or induces an abortion or attempts to perform or induce
an abortion with actual knowledge that neither of the affirmative defenses set
forth in division (B)(1) of this section applies, or with a heedless
indifference as to whether either affirmative defense applies, is liable in a
civil action for compensatory and exemplary damages and reasonable attorney's
fees to any person, or the representative of the estate of any person, who
sustains injury, death, or loss to person or property as the result of the
performance or inducement or the attempted performance or inducement of the
abortion. In any action under this division, the court also may award any
injunctive or other equitable relief that the court considers
appropriate.

(I)
A pregnant
woman on whom an abortion is performed or induced or attempted to be performed
or induced in violation of division (A) of this section is not guilty of
violating division (A) of this section or of attempting to commit, conspiring
to commit, or complicity in committing a violation of division (A) of this
section.

(A)
A physician
who performs or induces or attempts to perform or induce an abortion on a
pregnant woman shall submit a report to the department of health in accordance
with the forms, rules, and regulations adopted by the department that includes
all of the information the physician is required to certify in writing or
determine under sections
2919.17 and
2919.18 of the Revised
Code:

(B)
By September
30 of each year, the department of health shall issue a public report that
provides statistics for the previous calendar year compiled from all of the
reports covering that calendar year submitted to the department in accordance
with this section for each of the items listed in division (A) of this section.
The report shall also provide the statistics for each previous calendar year in
which a report was filed with the department pursuant to this section, adjusted
to reflect any additional information that a physician provides to the
department in a late or corrected report. The department shall ensure that none
of the information included in the report could reasonably lead to the
identification of any pregnant woman upon whom an abortion is
performed.

(1)
The
physician shall submit the report described in division (A) of this section to
the department of health within fifteen days after the woman is discharged. If
the physician fails to submit the report more than thirty days after that
fifteen-day deadline, the physician shall be subject to a late fee of five
hundred dollars for each additional thirty-day period or portion of a
thirty-day period the report is overdue. A physician who is required to submit
to the department of health a report under division (A) of this section and who
has not submitted a report or has submitted an incomplete report more than one
year following the fifteen-day deadline may, in an action brought by the
department of health, be directed by a court of competent jurisdiction to
submit a complete report to the department of health within a period of time
stated in a court order or be subject to contempt of court.

(2)
If a
physician fails to comply with the requirements of this section, other than
filing a late report with the department of health, or fails to submit a
complete report to the department of health in accordance with a court order,
the physician is subject to division (B)(41) of section
4731.22 of the Revised
Code.

(3)
No person
shall falsify any report required under this section. Whoever violates this
division is guilty of abortion report falsification, a misdemeanor of the first
degree.

(D)
Within
ninety days of the effective date of this section, the department of health
shall adopt rules pursuant to section
111.15 of the Revised Code to
assist in compliance with this section.

(A)
Except in a
medical emergency that prevents compliance with this division, no physician
shall perform or induce or attempt to perform or induce an abortion on a
pregnant woman after the beginning of the twentieth week of gestation unless,
prior to the performance or inducement of the abortion or the attempt to
perform or induce the abortion, the physician determines, in the physician's
good faith medical judgment, that the unborn child is not viable, and the
physician makes that determination after performing a medical examination of
the pregnant woman and after performing or causing to be performed those tests
for assessing gestational age, weight, lung maturity, or other tests that the
physician, in that physician's good faith medical judgment, believes are
necessary to determine whether an unborn child is viable.

(B)
Except in a
medical emergency that prevents compliance with this division, no physician
shall perform or induce or attempt to perform or induce an abortion on a
pregnant woman after the beginning of the twentieth week of gestation without
first entering the determination made in division (A) of this section and the
associated findings of the medical examination and tests in the medical record
of the pregnant woman.

(C)
Whoever
violates this section is guilty of failure to perform viability testing, a
misdemeanor of the fourth degree.

(D)
The state
medical board shall suspend a physician's license to practice medicine in this
state for a period of not less than six months if the physician violates this
section.

As used in this section and sections 2919.191 to 2919.193
of the Revised Code:

(A)
"Fetal heartbeat" means cardiac activity or the steady
and repetitive rhythmic contraction of the fetal heart within the gestational
sac.

(B)
"Fetus" means the human offspring developing during
pregnancy from the moment of conception and includes the embryonic stage of
development.

(C)
"Gestational age" means the age of an unborn human
individual as calculated from the first day of the last menstrual period of a
pregnant woman.

(D)
"Gestational sac" means the structure that comprises
the extraembryonic membranes that envelop the fetus and that is typically
visible by ultrasound after the fourth week of pregnancy.

(E)
"Medical emergency" has the same meaning as in section
2919.16 of the Revised Code.

(F)
"Physician" has the same meaning as in section
2305.113 of the Revised Code.

(G)
"Pregnancy" means the human female reproductive
condition that begins with fertilization, when the woman is carrying the
developing human offspring, and that is calculated from the first day of the
last menstrual period of the woman.

(H)
"Serious risk of the substantial and irreversible
impairment of a major bodily function" has the same meaning as in section
2919.16 of the Revised Code.

(I)
"Standard medical practice" means the degree of skill,
care, and diligence that a physician of the same medical specialty would employ
in like circumstances. As applied to the method used to determine the presence
of a fetal heartbeat for purposes of section 2919.191 of the Revised Code,
"standard medical practice" includes employing the appropriate means of
detection depending on the estimated gestational age of the fetus and the
condition of the woman and her pregnancy.

(J)
"Unborn human individual" means an individual organism
of the species homo sapiens from fertilization until live
birth.

(A)
A person who intends to perform or induce an abortion
on a pregnant woman shall determine whether there is a detectable fetal
heartbeat of the unborn human individual the pregnant woman is carrying. The
method of determining the presence of a fetal heartbeat shall be consistent
with the person's good faith understanding of standard medical practice,
provided that if rules have been adopted under division (C) of this section,
the method chosen shall be one that is consistent with the rules. The person
who determines the presence or absence of a fetal heartbeat shall record in the
pregnant woman's medical record the estimated gestational age of the unborn
human individual, the method used to test for a fetal heartbeat, the date and
time of the test, and the results of the test.

(1)
Except when a medical emergency exists that prevents
compliance with this division, no person shall perform or induce an abortion on
a pregnant woman prior to determining if the unborn human individual the
pregnant woman is carrying has a detectable fetal heartbeat. Any person who
performs or induces an abortion on a pregnant woman based on the exception in
this division shall note in the pregnant woman's medical records that a medical
emergency necessitating the abortion existed and shall also note the medical
condition of the pregnant woman that prevented compliance with this division.
The person shall maintain a copy of the notes described in this division in the
person's own records for at least seven years after the notes are entered into
the medical records.

(2)
The person who performs the examination for the
presence of a fetal heartbeat shall give the pregnant woman the option to view
or hear the fetal heartbeat.

(C)
The director of health may promulgate rules pursuant
to section 111.15 of the Revised Code specifying the appropriate methods of
performing an examination for the presence of a fetal heartbeat of an unborn
individual based on standard medical practice. The rules shall require only
that an examination shall be performed externally.

(D)
A person is not in violation of division (A) or (B) of
this section if that person has performed an examination for the presence of a
fetal heartbeat in the fetus utilizing standard medical practice, that
examination does not reveal a fetal heartbeat or the person has been informed
by a physician who has performed the examination for fetal heartbeat that the
examination did not reveal a fetal heartbeat, and the person notes in the
pregnant woman's medical records the procedure utilized to detect the presence
of a fetal heartbeat.

(E)
Except as provided in division (F) of this section, no
person shall knowingly and purposefully perform or induce an abortion on a
pregnant woman before determining in accordance with division (A) of this
section whether the unborn human individual the pregnant woman is carrying has
a detectable heartbeat. The failure of a person to satisfy the requirements of
this section prior to performing or inducing an abortion on a pregnant woman
may be the basis for either of the following:

(F)
Division (E) of this section does not apply to a
physician who performs or induces the abortion if the physician believes that a
medical emergency exists that prevents compliance with that
division.

(G)
The director of health may determine and specify in
rules adopted pursuant to section 111.15 of the Revised Code and based upon
available medical evidence the statistical probability of bringing an unborn
human individual to term based on the gestational age of an unborn human
individual who possesses a detectable fetal heartbeat.

(H)
A woman on whom an abortion is performed in violation
of division (B) of this section or division (B)(3) of section 2317.56 of the
Revised Code may file a civil action for the wrongful death of the woman's
unborn child and may receive at the mother's election at any time prior to
final judgment damages in an amount equal to ten thousand dollars or an amount
determined by the trier of fact after consideration of the evidence subject to
the same defenses and requirements of proof, except any requirement of live
birth, as would apply to a suit for the wrongful death of a child who had been
born alive.

(A)
If a person who intends to perform or induce an
abortion on a pregnant woman has determined, under section 2919.191 of the
Revised Code, that the unborn human individual the pregnant woman is carrying
has a detectable heartbeat, the person shall not, except as provided in
division (B) of this section, perform or induce the abortion until all of the
following requirements have been met and at least twenty-four hours have
elapsed after the last of the requirements is met:

(1)
The person intending to perform or induce the abortion
shall inform the pregnant woman in writing that the unborn human individual the
pregnant woman is carrying has a fetal heartbeat.

(2)
The person intending to perform or induce the abortion
shall inform the pregnant woman, to the best of the person's knowledge, of the
statistical probability of bringing the unborn human individual possessing a
detectable fetal heartbeat to term based on the gestational age of the unborn
human individual or, if the director of health has specified statistical
probability information pursuant to rules adopted under division (C) of this
section, shall provide to the pregnant woman that information.

(B)
Division (A) of this section does not apply if the
person who intends to perform or induce the abortion believes that a medical
emergency exists that prevents compliance with that division.

(C)
The director of health may adopt rules that specify
information regarding the statistical probability of bringing an unborn human
individual possessing a detectable heartbeat to term based on the gestational
age of the unborn human individual. The rules shall be based on available
medical evidence and shall be adopted in accordance with section 111.15 of the
Revised Code.

(D)
This section does not have the effect of repealing or
limiting any other provision of the Revised Code relating to informed consent
for an abortion, including the provisions in section 2317.56 of the Revised
Code.

(E)
Whoever violates division (A) of this section is
guilty of performing or inducing an abortion without informed consent when
there is a detectable fetal heartbeat, a misdemeanor of the first degree on a
first offense and a felony of the fourth degree on each subsequent
offense.

A pregnant woman on whom an abortion is performed or
induced in violation of section 2919.191 or 2919.192 of the Revised Code is not
guilty of violating any of those sections; is not guilty of attempting to
commit, conspiring to commit, or complicity in committing a violation of any of
those sections; and is not subject to a civil penalty based on the abortion
being performed or induced in violation of any of those sections.

(2)
The
person's child who is under age eighteen, or mentally or physically handicapped
child who is under age twenty-one;

(3)
The
person's aged or infirm parent or adoptive parent, who from lack of ability and
means is unable to provide adequately for the parent's own support.

(B)
No person
shall abandon, or fail to provide support as established by a court order to,
another person whom, by court order or decree, the person is legally obligated
to support.

(C)
No person
shall aid, abet, induce, cause, encourage, or contribute to a child or a ward
of the juvenile court becoming a dependent child, as defined in section
2151.04 of the Revised Code, or a
neglected child, as defined in section
2151.03 of the Revised
Code.

(D)
It is an
affirmative defense to a charge of failure to provide adequate support under
division (A) of this section or a charge of failure to provide support
established by a court order under division (B) of this section that the
accused was unable to provide adequate support or the established support but
did provide the support that was within the accused's ability and
means.

(E)
It is an
affirmative defense to a charge under division (A)(3) of this section that the
parent abandoned the accused or failed to support the accused as required by
law, while the accused was under age eighteen, or was mentally or physically
handicapped and under age twenty-one.

(F)
It is
not a defense to a charge under division (B) of this section that the person
whom a court has ordered the accused to support is being adequately supported
by someone other than the accused.

(1)
Except as otherwise provided in this
division, whoever violates division (A) or (B) of this section is guilty of
nonsupport of dependents, a misdemeanor of the first degree. If the offender
previously has been convicted of or pleaded guilty to a violation of division
(A)(2) or (B) of this section or if the offender has failed to provide support
under division (A)(2) or (B) of this section for a total accumulated period of
twenty-six weeks out of one hundred four consecutive weeks, whether or not the
twenty-six weeks were consecutive, then a violation of division (A)(2) or (B)
of this section is a felony of the fifth degree. If the offender previously has
been convicted of or pleaded guilty to a felony violation of this section, a
violation of division (A)(2) or (B) of this section is a felony of the fourth
degree.

If
the violation of division (A) or (B) of this section is a felony, all of the
following apply to the sentencing of the offender:

(a)
Except as
otherwise provided in division (G)(1)(b) of this section, the court in imposing
sentence on the offender shall first consider placing the offender on one or
more community control sanctions under section
2929.16 ,
2929.17 , or
2929.18 of the Revised Code, with
an emphasis under the sanctions on intervention for nonsupport, obtaining or
maintaining employment, or another related condition.

(b)
The
preference for placement on community control sanctions described in division
(G)(1)(a) of this section does not apply to any offender to whom one or more of
the following applies:

(i)
The court
determines that the imposition of a prison term on the offender is consistent
with the purposes and principles of sentencing set forth in section
2929.11 of the Revised
Code.

(ii)
The
offender previously was convicted of or pleaded guilty to a violation of this
section that was a felony, and the offender was sentenced to a prison term for
that violation.

(iii)
The
offender previously was convicted of or pleaded guilty to a violation of this
section that was a felony, the offender was sentenced to one or more community
control sanctions of a type described in division (G)(1)(a) of this section for
that violation, and the offender failed to comply with the conditions of any of
those community control sanctions.

(2)
If the
offender is guilty of nonsupport of dependents by reason of failing to provide
support to the offender's child as required by a child support order issued on
or after April 15, 1985, pursuant to section
2151.23 ,
2151.231 ,
2151.232 ,
2151.33 ,
3105.21 ,
3109.05 ,
3111.13 ,
3113.04 ,
3113.31 , or
3115.31 of the Revised Code, the
court, in addition to any other sentence imposed, shall assess all court costs
arising out of the charge against the person and require the person to pay any
reasonable attorney's fees of any adverse party other than the state, as
determined by the court, that arose in relation to the charge.

(3)
Whoever violates division (C) of this
section is guilty of contributing to the nonsupport of dependents, a
misdemeanor of the first degree. Each day of violation of division (C) of this
section is a separate offense.

(A)
No
person, who is the parent, guardian, custodian, person having custody or
control, or person in loco parentis of a child under eighteen years of age or a
mentally or physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child, by violating a
duty of care, protection, or support. It is not a violation of a duty of care,
protection, or support under this division when the parent, guardian,
custodian, or person having custody or control of a child treats the physical
or mental illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious body.

(B)
No
person shall do any of the following to a child under eighteen years of age or
a mentally or physically handicapped child under twenty-one years of age:

(3)
Administer
corporal punishment or other physical disciplinary measure, or physically
restrain the child in a cruel manner or for a prolonged period, which
punishment, discipline, or restraint is excessive under the circumstances and
creates a substantial risk of serious physical harm to the child;

(4)
Repeatedly administer unwarranted disciplinary measures to the child, when
there is a substantial risk that such conduct, if continued, will seriously
impair or retard the child's mental health or development;

(5)
Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the
child to act, model, or in any other way participate in, or be photographed
for, the production, presentation, dissemination, or advertisement of any
material or performance that the offender knows or reasonably should know is
obscene, is sexually oriented matter, or is nudity-oriented matter;

(6)
Allow
the child to be on the same parcel of real property and within one hundred feet
of, or, in the case of more than one housing unit on the same parcel of real
property, in the same housing unit and within one hundred feet of, any act in
violation of section
2925.04 or
2925.041 of the Revised Code when
the person knows that the act is occurring, whether or not any person is
prosecuted for or convicted of the violation of section
2925.04 or
2925.041 of the Revised Code that
is the basis of the violation of this division.

(1)
No person shall operate a vehicle,
streetcar, or trackless trolley within this state in violation of division (A)
of section
4511.19 of the Revised Code when
one or more children under eighteen years of age are in the vehicle, streetcar,
or trackless trolley. Notwithstanding any other provision of law, a person may
be convicted at the same trial or proceeding of a violation of this division
and a violation of division (A) of section
4511.19 of the Revised Code that
constitutes the basis of the charge of the violation of this division. For
purposes of sections
4511.191 to
4511.197 of the Revised Code and
all related provisions of law, a person arrested for a violation of this
division shall be considered to be under arrest for operating a vehicle while
under the influence of alcohol, a drug of abuse, or a combination of them or
for operating a vehicle with a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or urine.

(1)
Division (B)(5) of this section does not
apply to any material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational, religious,
governmental, judicial, or other proper purpose, by or to a physician,
psychologist, sociologist, scientist, teacher, person pursuing bona fide
studies or research, librarian, member of the clergy, prosecutor, judge, or
other person having a proper interest in the material or performance.

(2)
Mistake of age is not a defense to a charge under division (B)(5) of this
section.

(3)
In a
prosecution under division (B)(5) of this section, the trier of fact may infer
that an actor, model, or participant in the material or performance involved is
a juvenile if the material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor, model, or
participant as a juvenile.

(a)
"Material," "performance," "obscene," and "sexual activity" have the same
meanings as in section
2907.01 of the Revised
Code.

(b)
"Nudity-oriented matter" means any material or performance that shows a minor
in a state of nudity and that, taken as a whole by the average person applying
contemporary community standards, appeals to prurient interest.

(c)
"Sexually oriented matter" means any material or performance that shows a minor
participating or engaging in sexual activity, masturbation, or
bestiality.

(2)
If the
offender violates division (A) or (B)(1) of this section, endangering children
is one of the following, and, in the circumstances described in division
(E)(2)(e) of this section, that division applies:

(a)
Except as otherwise provided in division (E)(2)(b), (c), or (d) of this
section, a misdemeanor of the first degree;

(b)
If
the offender previously has been convicted of an offense under this section or
of any offense involving neglect, abandonment, contributing to the delinquency
of, or physical abuse of a child, except as otherwise provided in division
(E)(2)(c) or (d) of this section, a felony of the fourth degree;

(c)
If
the violation is a violation of division (A) of this section and results in
serious physical harm to the child involved, a felony of the third
degree;

(d)
If the
violation is a violation of division (B)(1) of this section and results in
serious physical harm to the child involved, a felony of the second
degree.

(e)
If the
violation is a felony violation of division (B)(1) of this section and the
offender also is convicted of or pleads guilty to a specification as described
in section
2941.1422 of the Revised Code that
was included in the indictment, count in the indictment, or information
charging the offense, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(7) of
section 2929.14 of the Revised Code and
shall order the offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised
Code.

(3)
If the
offender violates division (B)(2), (3), (4), or (6) of this section, except as
otherwise provided in this division, endangering children is a felony of the
third degree. If the violation results in serious physical harm to the child
involved, or if the offender previously has been convicted of an offense under
this section or of any offense involving neglect, abandonment, contributing to
the delinquency of, or physical abuse of a child, endangering children is a
felony of the second degree. If the offender violates division (B)(2), (3), or
(4) of this section and the offender also is convicted of or pleads guilty to a
specification as described in section
2941.1422 of the Revised Code that
was included in the indictment, count in the indictment, or information
charging the offense, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(7) of
section 2929.14 of the Revised Code and
shall order the offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised Code. If
the offender violates division (B)(6) of this section and the drug involved is
methamphetamine, the court shall impose a mandatory prison term on the offender
as follows:

(a)
If the
violation is a violation of division (B)(6) of this section that is a felony of
the third degree under division (E)(3) of this section and the drug involved is
methamphetamine, except as otherwise provided in this division, the court shall
impose as a mandatory prison term one of the prison terms prescribed for a
felony of the third degree that is not less than two years. If the violation is
a violation of division (B)(6) of this section that is a felony of the third
degree under division (E)(3) of this section, if the drug involved is
methamphetamine, and if the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(6) of this section, a violation
of division (A) of section
2925.04 of the Revised Code, or a
violation of division (A) of section
2925.041 of the Revised Code, the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the third degree that is not less than five
years.

(b)
If the
violation is a violation of division (B)(6) of this section that is a felony of
the second degree under division (E)(3) of this section and the drug involved
is methamphetamine, except as otherwise provided in this division, the court
shall impose as a mandatory prison term one of the prison terms prescribed for
a felony of the second degree that is not less than three years. If the
violation is a violation of division (B)(6) of this section that is a felony of
the second degree under division (E)(3) of this section, if the drug involved
is methamphetamine, and if the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(6) of this section, a violation
of division (A) of section
2925.04 of the Revised Code, or a
violation of division (A) of section
2925.041 of the Revised Code, the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree that is not less than five
years.

(4)
If the
offender violates division (B)(5) of this section, endangering children is a
felony of the second degree. If the offender also is convicted of or pleads
guilty to a specification as described in section
2941.1422 of the Revised Code that
was included in the indictment, count in the indictment, or information
charging the offense, the court shall sentence the offender to a mandatory
prison term as provided in division (B)(7) of
section 2929.14 of the Revised Code and
shall order the offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised
Code.

(5)
If the
offender violates division (C) of this section, the offender shall be punished
as follows:

(a)
Except as
otherwise provided in division (E)(5)(b) or (c) of this section, endangering
children in violation of division (C) of this section is a misdemeanor of the
first degree.

(b)
If the
violation results in serious physical harm to the child involved or the
offender previously has been convicted of an offense under this section or any
offense involving neglect, abandonment, contributing to the delinquency of, or
physical abuse of a child, except as otherwise provided in division (E)(5)(c)
of this section, endangering children in violation of division (C) of this
section is a felony of the fifth degree.

(c)
If
the violation results in serious physical harm to the child involved and if the
offender previously has been convicted of a violation of division (C) of this
section, section
2903.06 or
2903.08 of the Revised Code,
section 2903.07 of the Revised Code as it
existed prior to March 23, 2000, or section
2903.04 of the Revised Code in a
case in which the offender was subject to the sanctions described in division
(D) of that section, endangering children in violation of division (C) of this
section is a felony of the fourth degree.

(d)
In
addition to any term of imprisonment, fine, or other sentence, penalty, or
sanction it imposes upon the offender pursuant to division (E)(5)(a), (b), or
(c) of this section or pursuant to any other provision of law and in addition
to any suspension of the offender's driver's or commercial driver's license or
permit or nonresident operating privilege under Chapter 4506., 4509., 4510., or
4511. of the Revised Code or under any other provision of law, the court also
may impose upon the offender a class seven suspension of the offender's
driver's or commercial driver's license or permit or nonresident operating
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised
Code.

(e)
In addition to
any term of imprisonment, fine, or other sentence, penalty, or sanction imposed
upon the offender pursuant to division (E)(5)(a), (b), (c), or (d) of this
section or pursuant to any other provision of law for the violation of division
(C) of this section, if as part of the same trial or proceeding the offender
also is convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section
4511.19 of the Revised Code that
was the basis of the charge of the violation of division (C) of this section,
the offender also shall be sentenced in accordance with section
4511.19 of the Revised Code for
that violation of division (A) of section
4511.19 of the Revised
Code.

(a)
A
court may require an offender to perform not more than two hundred hours of
supervised community service work under the authority of an agency,
subdivision, or charitable organization. The requirement shall be part of the
community control sanction or sentence of the offender, and the court shall
impose the community service in accordance with and subject to divisions
(F)(1)(a) and (b) of this section. The court may require an offender whom it
requires to perform supervised community service work as part of the offender's
community control sanction or sentence to pay the court a reasonable fee to
cover the costs of the offender's participation in the work, including, but not
limited to, the costs of procuring a policy or policies of liability insurance
to cover the period during which the offender will perform the work. If the
court requires the offender to perform supervised community service work as
part of the offender's community control sanction or sentence, the court shall
do so in accordance with the following limitations and criteria:

(i)
The
court shall require that the community service work be performed after
completion of the term of imprisonment or jail term imposed upon the offender
for the violation of division (C) of this section, if applicable.

(ii)
The
supervised community service work shall be subject to the limitations set forth
in divisions (B)(1), (2), and (3) of section
2951.02 of the Revised
Code.

(iii)
The
community service work shall be supervised in the manner described in division
(B)(4) of section
2951.02 of the Revised Code by an
official or person with the qualifications described in that division. The
official or person periodically shall report in writing to the court concerning
the conduct of the offender in performing the work.

(iv)
The
court shall inform the offender in writing that if the offender does not
adequately perform, as determined by the court, all of the required community
service work, the court may order that the offender be committed to a jail or
workhouse for a period of time that does not exceed the term of imprisonment
that the court could have imposed upon the offender for the violation of
division (C) of this section, reduced by the total amount of time that the
offender actually was imprisoned under the sentence or term that was imposed
upon the offender for that violation and by the total amount of time that the
offender was confined for any reason arising out of the offense for which the
offender was convicted and sentenced as described in sections
2949.08 and
2967.191 of the Revised Code, and
that, if the court orders that the offender be so committed, the court is
authorized, but not required, to grant the offender credit upon the period of
the commitment for the community service work that the offender adequately
performed.

(b)
If a court,
pursuant to division (F)(1)(a) of this section, orders an offender to perform
community service work as part of the offender's community control sanction or
sentence and if the offender does not adequately perform all of the required
community service work, as determined by the court, the court may order that
the offender be committed to a jail or workhouse for a period of time that does
not exceed the term of imprisonment that the court could have imposed upon the
offender for the violation of division (C) of this section, reduced by the
total amount of time that the offender actually was imprisoned under the
sentence or term that was imposed upon the offender for that violation and by
the total amount of time that the offender was confined for any reason arising
out of the offense for which the offender was convicted and sentenced as
described in sections
2949.08 and
2967.191 of the Revised Code. The
court may order that a person committed pursuant to this division shall receive
hour-for-hour credit upon the period of the commitment for the community
service work that the offender adequately performed. No commitment pursuant to
this division shall exceed the period of the term of imprisonment that the
sentencing court could have imposed upon the offender for the violation of
division (C) of this section, reduced by the total amount of time that the
offender actually was imprisoned under that sentence or term and by the total
amount of time that the offender was confined for any reason arising out of the
offense for which the offender was convicted and sentenced as described in
sections 2949.08 and
2967.191 of the Revised
Code.

(2)
Division
(F)(1) of this section does not limit or affect the authority of the court to
suspend the sentence imposed upon a misdemeanor offender and place the offender
under a community control sanction pursuant to section
2929.25 of the Revised Code, to
require a misdemeanor or felony offender to perform supervised community
service work in accordance with division (B) of section
2951.02 of the Revised Code, or to
place a felony offender under a community control sanction.

(1)
If a court suspends an offender's
driver's or commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d) of this section, the period of the
suspension shall be consecutive to, and commence after, the period of
suspension of the offender's driver's or commercial driver's license or permit
or nonresident operating privilege that is imposed under Chapter 4506., 4509.,
4510., or 4511. of the Revised Code or under any other provision of law in
relation to the violation of division (C) of this section that is the basis of
the suspension under division (E)(5)(d) of this section or in relation to the
violation of division (A) of section
4511.19 of the Revised Code that
is the basis for that violation of division (C) of this section.

(2)
An
offender is not entitled to request, and the court shall not grant to the
offender, limited driving privileges if the offender's license, permit, or
privilege has been suspended under division (E)(5)(d) of this section and the
offender, within the preceding six years, has been convicted of or pleaded
guilty to three or more violations of one or more of the following:

(1)
If a person violates division (C) of this
section and if, at the time of the violation, there were two or more children
under eighteen years of age in the motor vehicle involved in the violation, the
offender may be convicted of a violation of division (C) of this section for
each of the children, but the court may sentence the offender for only one of
the violations.

(a)
If a person is convicted of or pleads
guilty to a violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate charge charging
the violation of division (A) of section
4511.19 of the Revised Code that
was the basis of the charge of the violation of division (C) of this section,
both of the following apply:

(i)
For purposes
of the provisions of section
4511.19 of the Revised Code that
set forth the penalties and sanctions for a violation of division (A) of
section 4511.19 of the Revised Code, the
conviction of or plea of guilty to the violation of division (C) of this
section shall not constitute a violation of division (A) of section
4511.19 of the Revised
Code;

(ii)
For purposes
of any provision of law that refers to a conviction of or plea of guilty to a
violation of division (A) of section
4511.19 of the Revised Code and
that is not described in division (H)(2)(a)(i) of this section, the conviction
of or plea of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised
Code.

(b)
If a person is
convicted of or pleads guilty to a violation of division (C) of this section
and the person also is convicted of or pleads guilty to a separate charge
charging the violation of division (A) of section
4511.19 of the Revised Code that
was the basis of the charge of the violation of division (C) of this section,
the conviction of or plea of guilty to the violation of division (C) of this
section shall not constitute, for purposes of any provision of law that refers
to a conviction of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a
conviction of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised
Code.

No person required to attend a parental education or training
program pursuant to a policy adopted under division (A) or (B) of section
3313.663 of the Revised Code shall
fail to attend the program. Whoever violates this section is guilty of parental
education neglect, a misdemeanor of the fourth degree.

(A)
"Child care," "child day-care
center," "in-home aide," "type A family day-care home," and "type B family
day-care home" have the same meanings as in section
5104.01 of the Revised Code.

(B)
"Child care center licensee"
means the owner of a child day-care center licensed pursuant to Chapter 5104.
of the Revised Code who is responsible for ensuring the center's compliance
with Chapter 5104. of the Revised Code and rules adopted pursuant to that
chapter.

(C)
"Child care facility"
means a child day-care center, a type A family day-care home, or a type B
family day-care home.

(A)
No child care provider shall knowingly
misrepresent any factor or condition that relates to the provision of child
care and that substantially affects the health or safety of any child or
children in that provider's facility or receiving child care from that provider
to any of the following:

(1)
A parent,
guardian, custodian, or other person responsible for the care of a child in the
provider's facility or receiving child care from the provider;

(2)
A parent, guardian, custodian, or other
person responsible for the care of a child who is considering the provider as a
child care provider for the child;

(3)
A public official responsible for issuing
the provider a license or certificate to provide child care;

(4)
A public official investigating or
inquiring about the provision of child care by the provider;

(A)
Subject to
division (C) of this section, no owner, provider, or administrator of a type A
family day-care home or type B family day-care home, knowing that the event
described in division (A)(1) or (2) of this section has occurred, shall accept
a child into that home without first disclosing to the parent, guardian,
custodian, or other person responsible for the care of that child any of the
following that has occurred:

(1)
A child died
while under the care of the home or while receiving child care from the owner,
provider, or administrator or died as a result of injuries suffered while under
the care of the home or while receiving child care from the owner, provider, or
administrator.

(2)
Within the
preceding ten years, a child suffered injuries while under the care of the home
or while receiving child care from the owner, provider, or administrator, and
those injuries led to the child being hospitalized for more than twenty-four
hours.

(1)
Subject to division (C) of this section,
no owner, provider, or administrator of a type A family day-care home or type B
family day-care home shall fail to provide notice in accordance with division
(B)(3) of this section to the persons and entities specified in division (B)(2)
of this section, of any of the following that occurs:

(a)
A child who is under the care of the home
or is receiving child care from the owner, provider, or administrator dies
while under the care of the home or while receiving child care from the owner,
provider, or administrator or dies as a result of injuries suffered while under
the care of the home or while receiving child day-care from the owner,
provider, or administrator.

(b)
A
child who is under the care of the home or is receiving child care from the
owner, provider, or administrator is hospitalized for more than twenty-four
hours as a result of injuries suffered while under the care of the home or
while receiving child care from the owner, provider, or administrator.

(2)
An owner, provider,
or administrator of a home shall provide the notices required under division
(B)(1) of this section to each of the following:

(a)
For each child who, at the time of the
injury or death for which the notice is required, is receiving or is enrolled
to receive child care at the home or from the owner, provider, or
administrator, to the parent, guardian, custodian, or other person responsible
for the care of the child;

(b)
If
the notice is required as the result of the death of a child as described in
division (B)(1)(a) of this section, to the public children services agency of
the county in which the home is located or the child care was given, a
municipal or county peace officer in the county in which the child resides or
in which the home is located or the child care was given, and the child
fatality review board appointed under section
307.621 of the Revised Code that
serves the county in which the home is located or the child care was given.

(3)
An owner, provider,
or administrator of a home shall provide the notices required by divisions
(B)(1) and (2) of this section not later than forty-eight hours after the child
dies or, regarding a child who is hospitalized for more than twenty-four hours
as a result of injuries suffered while under the care of the home, not later
than forty-eight hours after the child suffers the injuries. If a child is
hospitalized for more than twenty-four hours as a result of injuries suffered
while under the care of the home, and the child subsequently dies as a result
of those injuries, the owner, provider, or administrator shall provide separate
notices under divisions (B)(1) and (2) of this section regarding both the
injuries and the death. All notices provided under divisions (B)(1) and (2) of
this section shall state that the death or injury occurred.

(C)
Division (A) of this section
does not require more than one person to make disclosures to the same parent,
guardian, custodian, or other person responsible for the care of a child
regarding any single injury or death for which disclosure is required under
that division. Division (B) of this section does not require more than one
person to give notices to the same parent, guardian, custodian, other person
responsible for the care of the child, public children services agency, peace
officer, or child fatality review board regarding any single injury or death
for which disclosure is required under division (B)(1) of this section.

(D)
An owner, provider, or
administrator of a type A family day-care home or type B family day-care home
is not subject to civil liability solely for making a disclosure required by
this section.

(E)
Whoever violates
division (A) or (B) of this section is guilty of failure of a type A or type B
family day-care home to disclose the death or serious injury of a child, a
misdemeanor of the fourth degree.

(A)
If a child care
provider accurately answers the questions on a child care disclosure form that
is in substantially the form set forth in division (B) of this section,
presents the form to a person identified in division (A)(1) or (2) of section
2919.224 of the Revised Code, and
obtains the person's signature on the acknowledgement in the form, to the
extent that the information set forth on the form is accurate, the provider who
presents the form is not subject to prosecution under division (A) of section
2919.224 of the Revised Code
regarding presentation of that information to that person.

An owner, provider, or administrator of a type A family
day-care home or a type B family day-care home may comply with division (A) of
section 2919.225 of the Revised Code by
accurately answering the questions on a child care disclosure form that is in
substantially the form set forth in division (B) of this section, providing a
copy of the form to the parent, guardian, custodian, or other person
responsible for the care of a child and to whom disclosure is to be made under
division (A) of section
2919.225 of the Revised Code, and
obtaining the person's signature on the acknowledgement in the form.

The use of the form set forth in division (B) of this section
is discretionary and is not required to comply with any disclosure requirement
contained in section
2919.225 of the Revised Code or
for any purpose related to section
2919.224 of the Revised Code.

(B)
To be sufficient for
the purposes described in division (A) of this section, a child care disclosure
form shall be in substantially the following form:

"CHILD CARE DISCLOSURE FORM

Please Note: This form contains information that is accurate
only at the time the form is given to you. The information provided in this
form is likely to change over time. It is the duty of the person responsible
for the care of the child to monitor the status of child care services to
ensure that those services remain satisfactory. If a question on this form is
left unanswered, the child care provider makes no assertion regarding the
question. Choosing appropriate child care for a child is a serious
responsibility, and the person responsible for the care of the child is
encouraged to make all appropriate inquiries. Also, in acknowledging receipt of
this form, the person responsible for the care of the child acknowledges that
in selecting the child care provider the person is not relying on any
representations other than those provided in this form unless the child care
provider has acknowledged the other representations in writing.

1.
What are the names and qualifications to
provide child care of: (a) the child care provider, (b) the employee who will
provide child care to the applicant child, (c) the volunteer who will provide
child care to the applicant child, and (d) any other employees or volunteers of
the child care provider? (attach additional sheets if necessary):

2.
What is the maximum number of children to
whom you provide child care at one time? (If children are divided into groups
or classes, please describe the maximum number of children in each group or
class and indicate the group or class in which the applicant child will be
placed.):

3.
Where in the home will
you provide child care to the applicant child?:

4.
Has a child died while in the care of, or
receiving child care from, the child care provider? (Yes/No)

Description/explanation (attach additional sheets if necessary)

5.
Has a child died as a
result of injuries suffered while under the care of, or receiving child care
from, the child day-care provider? (Yes/No)

Description/explanation (attach additional sheets if necessary)

6.
Within the preceding ten
years, has a child suffered injuries while under the care of, or receiving
child care from, the child care provider that led to the child being
hospitalized for more than 24 hours? (Yes/No)

I hereby acknowledge that I have been given a copy of the
preceding document and have read and understood its contents. I further
acknowledge that I am not relying on any other representations in selecting the
child care provider unless the child care provider has acknowledged the other
representations in writing.

............................ ..........................

Person receiving the form Date"

(C)
If a child care provider accurately
answers the questions on a disclosure form that is substantially similar to the
form described in division (B) of this section, presents the form to a person
identified in division (A)(1) or (2) of section
2919.224 of the Revised Code, and
obtains the person's signature on the acknowledgement in the form, to the
extent that the information set forth on the form is accurate, the form is
sufficient for the purposes described in division (A) of this section.

An owner, provider, or administrator of a type A family
day-care home or a type B family day-care home who accurately answers the
questions on a disclosure form that is substantially similar to the form
described in division (B) of this section, provides a copy of the completed
form to the parent, guardian, custodian, or other person who is responsible for
the care of a child and to whom disclosure is to be made under division (A) of
section 2919.225 of the Revised Code, and
obtains the person's signature on the acknowledgement in the form complies with
the requirements of that division. If the owner, provider, or administrator
uses the disclosure form, leaving a portion of the disclosure form blank does
not constitute a misrepresentation for the purposes of section
2919.224 of the Revised Code but
may constitute a violation of section
2919.225 of the Revised Code. The
owner, provider, or administrator of a type A family day-care home or type B
family day-care home who completes the disclosure form and provides a copy of
the form to any person described in section
2919.224 or
2919.225 of the Revised Code may
retain a copy of the completed form.

(1)
No child care center licensee shall
accept a child into that center without first providing to the parent,
guardian, custodian, or other person responsible for the care of that child the
following information, if the parent, guardian, custodian, or other person
responsible for the care of the child requests the information:

(a)
The
types of injuries to children, as reported in accordance with rules adopted
under section 5104.015 of the Revised
Code, that occurred at the center on or after April 1, 2003, or the date that
is two years before the date the information is requested, whichever date is
more recent;

(b)
The
number of each type of injury to children that occurred at the center during
that period.

(2)
If a
death described in division (A)(2)(a) or (A)(2)(b) of this section occurred
during the fifteen-year period immediately preceding the date that the parent,
guardian, custodian, or other person responsible for the care of a child seeks
to enroll that child, no child care center licensee shall accept that child
into that center without first providing to the parent, guardian, custodian, or
other person responsible for the care of that child a notice that states that
the death occurred.

(a)
A child
died while under the care of the center or while receiving child care from the
owner, provider, or administrator of the center;

(b)
A child
died as a result of injuries suffered while under the care of the center or
while receiving child care from the owner, provider, or administrator of the
center.

(3)
Each
child care center licensee shall keep on file at the center a copy of the
information provided under this division for at least three years after
providing the information.

(1)
No child care center licensee shall fail
to provide notice in accordance with division (B)(3) of this section to the
persons and entities specified in division (B)(2) of this section if a child
who is under the care of the center or is receiving child care from the owner,
provider, or administrator of the center dies while under the care of the
center or while receiving child care from the owner, provider, or administrator
or dies as a result of injuries suffered while under the care of the center or
while receiving child care from the owner, provider, or
administrator.

(2)
A child
care center licensee shall provide the notice required under division (B)(1) of
this section to all of the following:

(a)
The
parent, guardian, custodian, or other person responsible for the care of each
child who, at the time of the death for which notice is required, is receiving
or is enrolled to receive child care from the center;

(b)
The
public children services agency of the county in which the center is located or
the child care was given;

(c)
A
municipal or county peace officer in the county in which the child resides or
in which the center is located or the child care was given;

(d)
The
child fatality review board appointed under section
307.621 of the Revised Code that
serves the county in which the center is located or the child care was
given.

(3)
A child
care center licensee shall provide the notice required by division (B)(1) of
this section not later than forty-eight hours after the child dies. The notice
shall state that the death occurred.

(C)
Whoever
violates division (A) or (B) of this section is guilty of failure of a child
care center to disclose the death or serious injury of a child, a misdemeanor
of the fourth degree.

(A)
No person, knowing the person is without
privilege to do so or being reckless in that regard, shall entice, take, keep,
or harbor a person identified in division (A)(1), (2), or (3) of this section
from the parent, guardian, or custodian of the person identified in division
(A)(1), (2), or (3) of this section:

(1)
A
child under the age of eighteen, or a mentally or physically handicapped child
under the age of twenty-one;

(2)
A
person committed by law to an institution for delinquent, unruly, neglected,
abused, or dependent children;

(3)
A person committed by law to an institution for the mentally ill or mentally
retarded.

(B)
No person
shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile
court who has been committed to the custody of any person, department, or
public or private institution to leave the custody of that person, department,
or institution without legal consent.

(C)
It is an affirmative defense to a charge
of enticing or taking under division (A)(1) of this section, that the actor
reasonably believed that the actor's conduct was necessary to preserve the
child's health or safety. It is an affirmative defense to a charge of keeping
or harboring under division (A) of this section, that the actor in good faith
gave notice to law enforcement or judicial authorities within a reasonable time
after the child or committed person came under the actor's shelter, protection,
or influence.

(1)
Whoever violates this section is guilty
of interference with custody.

(2)
Except as otherwise provided in this division, a violation of division (A)(1)
of this section is a misdemeanor of the first degree. If the child who is the
subject of a violation of division (A)(1) of this section is removed from the
state or if the offender previously has been convicted of an offense under this
section, a violation of division (A)(1) of this section is a felony of the
fifth degree. If the child who is the subject of a violation of division (A)(1)
of this section suffers physical harm as a result of the violation, a violation
of division (A)(1) of this section is a felony of the fourth degree.

(3)
A violation of division (A)(2) or (3) of
this section is a misdemeanor of the third degree.

(4)
A violation of division (B) of this
section is a misdemeanor of the first degree. Each day of violation of division
(B) of this section is a separate offense.

(B)
Whoever violates this section
is guilty of interfering with an action to issue or modify a support order, a
misdemeanor of the first degree. If the offender previously has been convicted
of or pleaded guilty to a violation of this section or of section
3111.19 of the Revised Code,
interfering with an action to issue or modify a support order is a felony of
the fifth degree.

(A)
No person, including a parent, guardian,
or other custodian of a child, shall do any of the following:

(1)
Aid, abet, induce, cause, encourage, or
contribute to a child or a ward of the juvenile court becoming an unruly child,
as defined in section
2151.022 of the Revised Code, or a
delinquent child, as defined in section
2152.02 of the Revised Code;

(2)
Act in a way tending to cause
a child or a ward of the juvenile court to become an unruly child, as defined
in section
2151.022 of the Revised Code, or a
delinquent child, as defined in section
2152.02 of the Revised Code;

(3)
If the person is the parent,
guardian, or custodian of a child who has the duties under Chapters 2152. and
2950. of the Revised Code to register, register a new residence address, and
periodically verify a residence address, and, if applicable, to send a notice
of intent to reside, and if the child is not emancipated, as defined in section
2919.121 of the Revised Code, fail
to ensure that the child complies with those duties under Chapters 2152. and
2950. of the Revised Code.

(B)
Whoever violates this section is guilty
of contributing to the unruliness or delinquency of a child, a misdemeanor of
the first degree. Each day of violation of this section is a separate offense.

(1)
Whoever violates this section is guilty
of domestic violence, and the court shall sentence the offender as provided in
divisions (D)(2) to (6) of this section.

(2)
Except as otherwise provided in divisions (D)(3) to (5) of this section, a
violation of division (C) of this section is a misdemeanor of the fourth
degree, and a violation of division (A) or (B) of this section is a misdemeanor
of the first degree.

(3)
Except as
otherwise provided in division (D)(4) of this section, if the offender
previously has pleaded guilty to or been convicted of domestic violence, a
violation of an existing or former municipal ordinance or law of this or any
other state or the United States that is substantially similar to domestic
violence, a violation of section
2903.14 ,
2909.06 ,
2909.07 ,
2911.12 ,
2911.211 , or
2919.22 of the Revised Code if the
victim of the violation was a family or household member at the time of the
violation, a violation of an existing or former municipal ordinance or law of
this or any other state or the United States that is substantially similar to
any of those sections if the victim of the violation was a family or household
member at the time of the commission of the violation, or any offense of
violence if the victim of the offense was a family or household member at the
time of the commission of the offense, a violation of division (A) or (B) of
this section is a felony of the fourth degree, and, if the offender knew that
the victim of the violation was pregnant at the time of the violation, the
court shall impose a mandatory prison term on the offender pursuant to division
(D)(6)
of this section, and a violation of division (C) of this section is a
misdemeanor of the second degree.

(4)
If
the offender previously has pleaded guilty to or been convicted of two or more
offenses of domestic violence or two or more violations or offenses of the type
described in division (D)(3) of this section involving a person who was a
family or household member at the time of the violations or offenses, a
violation of division (A) or (B) of this section is a felony of the third
degree, and, if the offender knew that the victim of the violation was pregnant
at the time of the violation, the court shall impose a mandatory prison term on
the offender pursuant to division (D)(6) of this section, and a violation of division
(C) of this section is a misdemeanor of the first degree.

(5)
Except as otherwise provided in division (D)(3) or (4) of this section, if the
offender knew that the victim of the violation was pregnant at the time of the
violation, a violation of division (A) or (B) of this section is a felony of
the fifth degree, and the court shall impose a mandatory prison term on the
offender pursuant to division (D)(6) of this section, and a violation of division
(C) of this section is a misdemeanor of the third degree.

(6)
If
division (D)(3), (4), or (5) of this section requires the court
that sentences an offender for a violation of division (A) or (B) of this
section to impose a mandatory prison term on the offender pursuant to this
division, the court shall impose the mandatory prison term as follows:

(a)
If
the violation of division (A) or (B) of this section is a felony of the fourth
or fifth degree, except as otherwise provided in division
(D)(6)(b) or (c) of this section, the court shall
impose a mandatory prison term on the offender of
at least six months.

(b)
If the
violation of division (A) or (B) of this section is a felony of the fifth
degree and the offender, in committing the violation, caused serious physical
harm to the pregnant woman's unborn or caused the termination of the pregnant
woman's pregnancy, the court shall impose a mandatory prison term on the
offender of twelve months.

(c)
If
the violation of division (A) or (B) of this section is a felony of the fourth
degree and the offender, in committing the violation, caused serious physical
harm to the pregnant woman's unborn or caused the termination of the pregnant
woman's pregnancy, the court shall impose a mandatory prison term on the
offender of at least twelve months.

(d)
If
the violation of division (A) or (B) of this section is a felony of the third
degree, except as otherwise provided in division (D)(6)(e) of
this section and notwithstanding the range of prison terms prescribed in
section 2929.14 of the Revised Code for a
felony of the third degree, the court shall impose a mandatory prison term on
the offender of either a definite term of six months or one of the prison terms
prescribed in section
2929.14 of the Revised Code for
felonies of the third degree.

(e)
If
the violation of division (A) or (B) of this section is a felony of the third
degree and the offender, in committing the violation, caused serious physical
harm to the pregnant woman's unborn or caused the termination of the pregnant
woman's pregnancy, notwithstanding the range of prison terms prescribed in
section 2929.14 of the Revised Code for a
felony of the third degree, the court shall impose a mandatory prison term on
the offender of either a definite term of one year or one of the prison terms
prescribed in section
2929.14 of the Revised Code for
felonies of the third degree.

(E)
Notwithstanding any provision of law to the contrary, no court or unit of state
or local government shall charge any fee, cost, deposit, or money in connection
with the filing of charges against a person alleging that the person violated
this section or a municipal ordinance substantially similar to this section or
in connection with the prosecution of any charges so filed.

(a)
Any
of the following who is residing or has resided with the offender:

(i)
A
spouse, a person living as a spouse, or a former spouse of the offender;

(ii)
A parent, a
foster parent, or a child of the offender, or another person related by
consanguinity or affinity to the offender;

(iii)
A
parent or a child of a spouse, person living as a spouse, or former spouse of
the offender, or another person related by consanguinity or affinity to a
spouse, person living as a spouse, or former spouse of the offender.

(b)
The natural
parent of any child of whom the offender is the other natural parent or is the
putative other natural parent.

(2)
"Person living as a spouse" means a person who is living or has lived with the
offender in a common law marital relationship, who otherwise is cohabiting with
the offender, or who otherwise has cohabited with the offender within five
years prior to the date of the alleged commission of the act in question.

(3)
"Pregnant
woman's unborn" has the same meaning as "such other person's unborn," as set
forth in section
2903.09 of the Revised Code, as it
relates to the pregnant woman. Division (C) of that section applies regarding
the use of the term in this section, except that the second and third sentences
of division (C)(1) of that section shall be construed for purposes of this
section as if they included a reference to this section in the listing of
Revised Code sections they contain.

(4)
"Termination of the pregnant woman's pregnancy" has the same meaning as
"unlawful termination of another's pregnancy," as set forth in section
2903.09 of the Revised Code, as it
relates to the pregnant woman. Division (C) of that section applies regarding
the use of the term in this section, except that the second and third sentences
of division (C)(1) of that section shall be construed for purposes of this
section as if they included a reference to this section in the listing of
Revised Code sections they contain.

(A)
Subject to division (D) of this section,
a person who is charged with the commission of any offense of violence shall
appear before the court for the setting of bail if the alleged victim of the
offense charged was a family or household member at the time of the offense and
if any of the following applies:

(1)
The
person charged, at the time of the alleged offense, was subject to the terms of
a protection order issued or consent agreement approved pursuant to section
2919.26 or
3113.31 of the Revised Code or
previously was convicted of or pleaded guilty to a violation of section
2919.25 of the Revised Code or a
violation of section
2919.27 of the Revised Code
involving a protection order or consent agreement of that type, a violation of
an existing or former municipal ordinance or law of this or any other state or
the United States that is substantially similar to either section, a violation
of section
2909.06 ,
2909.07 ,
2911.12 , or
2911.211 of the Revised Code if
the victim of the violation was a family or household member at the time of the
violation a violation of an existing or former municipal ordinance or law of
this or any other state or the United States that is substantially similar to
any of those sections if the victim of the violation was a family or household
member at the time of the commission of the violation, or any offense of
violence if the victim of the offense was a family or household member at the
time of the offense;

(2)
The
arresting officer indicates in a police report or other document accompanying
the complaint any of the following:

(a)
That
the arresting officer observed on the alleged victim objective manifestations
of physical harm that the arresting officer reasonably believes are a result of
the alleged offense;

(b)
That the
arresting officer reasonably believes that the person had on the person's
person at the time of the alleged offense a deadly weapon or dangerous
ordnance;

(c)
That the arresting
officer reasonably believes that the person presents a credible threat of
serious physical harm to the alleged victim or to any other person if released
on bail before trial.

(B)
To the extent that information about any
of the following is available to the court, the court shall consider all of the
following, in addition to any other circumstances considered by the court and
notwithstanding any provisions to the contrary contained in Criminal Rule 46,
before setting bail for a person who appears before the court pursuant to
division (A) of this section:

(1)
Whether the
person has a history of domestic violence or a history of other violent acts;

(5)
Whether the person has access to deadly
weapons or a history of using deadly weapons;

(6)
Whether the person has a history of
abusing alcohol or any controlled substance;

(7)
The severity of the alleged violence that
is the basis of the offense, including but not limited to, the duration of the
alleged violent incident, and whether the alleged violent incident involved
serious physical injury, sexual assault, strangulation, abuse during the
alleged victim's pregnancy, abuse of pets, or forcible entry to gain access to
the alleged victim;

(8)
Whether a
separation of the person from the alleged victim or a termination of the
relationship between the person and the alleged victim has recently occurred or
is pending;

(9)
Whether the person
has exhibited obsessive or controlling behaviors toward the alleged victim,
including but not limited to, stalking, surveillance, or isolation of the
alleged victim;

(10)
Whether the
person has expressed suicidal or homicidal ideations;

(11)
Any information contained in the
complaint and any police reports, affidavits, or other documents accompanying
the complaint.

(C)
Any
court that has jurisdiction over charges alleging the commission of an offense
of violence in circumstances in which the alleged victim of the offense was a
family or household member at the time of the offense may set a schedule for
bail to be used in cases involving those offenses. The schedule shall require
that a judge consider all of the factors listed in division (B) of this section
and may require judges to set bail at a certain level if the history of the
alleged offender or the circumstances of the alleged offense meet certain
criteria in the schedule.

(1)
Upon the court's own motion or the motion
of a party and upon any terms that the court may direct, a court may permit a
person who is required to appear before it by division (A) of this section to
appear by video conferencing equipment.

(2)
If in the opinion of the court the
appearance in person or by video conferencing equipment of a person who is
charged with a misdemeanor and who is required to appear before the court by
division (A) of this section is not practicable, the court may waive the
appearance and release the person on bail in accordance with the court's
schedule for bail set under division (C) of this section or, if the court has
not set a schedule for bail under that division, on one or both of the
following types of bail in an amount set by the court:

(a)
A bail bond secured by a deposit of ten
per cent of the amount of the bond in cash;

(b)
A surety bond, a bond secured by real
estate or securities as allowed by law, or the deposit of cash, at the option
of the person.

(3)
Division (A) of this section does not create a right in a person to appear
before the court for the setting of bail or prohibit a court from requiring any
person charged with an offense of violence who is not described in that
division from appearing before the court for the setting of bail.

(1)
Upon the filing of a complaint that alleges a violation of section 2909.06,
2909.07, 2911.12, or 2911.211 of the Revised Code if the alleged victim of the
violation was a family or household member at the time of the violation, a
violation of a municipal ordinance that is substantially similar to any of
those sections if the alleged victim of the violation was a family or household
member at the time of the violation, any offense of violence if the alleged
victim of the offense was a family or household member at the time of the
commission of the offense, or any sexually oriented offense if the alleged
victim of the offense was a family or household member at the time of the
commission of the offense, the complainant, the alleged victim, or a family or
household member of an alleged victim may file, or, if in an emergency the
alleged victim is unable to file, a person who made an arrest for the alleged
violation or offense under section 2935.03 of the Revised Code may file on
behalf of the alleged victim, a motion that requests the issuance of a
temporary protection order as a pretrial condition of release of the alleged
offender, in addition to any bail set under Criminal Rule 46. The motion shall
be filed with the clerk of the court that has jurisdiction of the case at any
time after the filing of the complaint.

(2)
For
purposes of section 2930.09 of the Revised Code, all stages of a proceeding
arising out of a complaint alleging the commission of a violation, offense of
violence, or sexually oriented offense described in division (A)(1) of this
section, including all proceedings on a motion for a temporary protection
order, are critical stages of the case, and a victim may be accompanied by a
victim advocate or another person to provide support to the victim as provided
in that section.

(B)
The
motion shall be prepared on a form that is provided by the clerk of the court,
which form shall be substantially as follows:

"MOTION FOR TEMPORARY PROTECTION ORDER
.......................... Court
Name and address of court
State of Ohio
v. No. ..........
..........................................
Name of Defendant
(name of person), moves the court to issue a temporary protection order containing terms designed to ensure the safety and protection of the complainant, alleged victim, and other family or household members, in relation to the named defendant, pursuant to its authority to issue such an order under section 2919.26 of the Revised Code.
A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with .......................... (name of the specified violation, the offense of violence, or sexually oriented offense charged) in circumstances in which the victim was a family or household member in violation of (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged), or charging the named defendant with a violation of a municipal ordinance that is substantially similar to ........................ (section of the Revised Code designating the specified violation, offense of violence, or sexually oriented offense charged) involving a family or household member.
I understand that I must appear before the court, at a time set by the court within twenty-four hours after the filing of this motion, for a hearing on the motion or that, if I am unable to appear because of hospitalization or a medical condition resulting from the offense alleged in the complaint, a person who can provide information about my need for a temporary protection order must appear before the court in lieu of my appearing in court. I understand that any temporary protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint, or the issuance of a civil protection order or the approval of a consent agreement, arising out of the same activities as those that were the basis of the complaint, under section 3113.31 of the Revised Code.
..........................................
Signature of person
(or signature of the arresting officer who filed the motion on behalf of the alleged victim)
..........................................
Address of person (or office address of the arresting officer who filed the motion on behalf of the alleged victim)"

(1)
As
soon as possible after the filing of a motion that requests the issuance of a
temporary protection order, but not later than twenty-four hours after the
filing of the motion, the court shall conduct a hearing to determine whether to
issue the order. The person who requested the order shall appear before the
court and provide the court with the information that it requests concerning
the basis of the motion. If the person who requested the order is unable to
appear and if the court finds that the failure to appear is because of the
person's hospitalization or medical condition resulting from the offense
alleged in the complaint, another person who is able to provide the court with
the information it requests may appear in lieu of the person who requested the
order. If the court finds that the safety and protection of the complainant,
alleged victim, or any other family or household member of the alleged victim
may be impaired by the continued presence of the alleged offender, the court
may issue a temporary protection order, as a pretrial condition of release,
that contains terms designed to ensure the safety and protection of the
complainant, alleged victim, or the family or household member, including a
requirement that the alleged offender refrain from entering the residence,
school, business, or place of employment of the complainant, alleged victim, or
the family or household member.

(a)
If
the court issues a temporary protection order that includes a requirement that
the alleged offender refrain from entering the residence, school, business, or
place of employment of the complainant, the alleged victim, or the family or
household member, the order shall state clearly that the order cannot be waived
or nullified by an invitation to the alleged offender from the complainant,
alleged victim, or family or household member to enter the residence, school,
business, or place of employment or by the alleged offender's entry into one of
those places otherwise upon the consent of the complainant, alleged victim, or
family or household member.

(b)
Division (C)(2)(a) of this section does not limit any discretion of a court to
determine that an alleged offender charged with a violation of section 2919.27
of the Revised Code, with a violation of a municipal ordinance substantially
equivalent to that section, or with contempt of court, which charge is based on
an alleged violation of a temporary protection order issued under this section,
did not commit the violation or was not in contempt of court.

(1)
Upon the filing of a complaint that alleges a violation of section 2909.06,
2909.07, 2911.12, or 2911.211 of the Revised Code if the alleged victim of the
violation was a family or household member at the time of the violation, a
violation of a municipal ordinance that is substantially similar to any of
those sections if the alleged victim of the violation was a family or household
member at the time of the violation, any offense of violence if the alleged
victim of the offense was a family or household member at the time of the
commission of the offense, or any sexually oriented offense if the alleged
victim of the offense was a family or household member at the time of the
commission of the offense, the court, upon its own motion, may issue a
temporary protection order as a pretrial condition of release if it finds that
the safety and protection of the complainant, alleged victim, or other family
or household member of the alleged offender may be impaired by the continued
presence of the alleged offender.

(2)
If
the court issues a temporary protection order under this section as an ex parte
order, it shall conduct, as soon as possible after the issuance of the order, a
hearing in the presence of the alleged offender not later than the next day on
which the court is scheduled to conduct business after the day on which the
alleged offender was arrested or at the time of the appearance of the alleged
offender pursuant to summons to determine whether the order should remain in
effect, be modified, or be revoked. The hearing shall be conducted under the
standards set forth in division (C) of this section.

(3)
An
order issued under this section shall contain only those terms authorized in
orders issued under division (C) of this section.

(4)
If
a municipal court or a county court issues a temporary protection order under
this section and if, subsequent to the issuance of the order, the alleged
offender who is the subject of the order is bound over to the court of common
pleas for prosecution of a felony arising out of the same activities as those
that were the basis of the complaint upon which the order is based,
notwithstanding the fact that the order was issued by a municipal court or
county court, the order shall remain in effect, as though it were an order of
the court of common pleas, while the charges against the alleged offender are
pending in the court of common pleas, for the period of time described in
division (E)(2) of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or county court.
This division applies when the alleged offender is bound over to the court of
common pleas as a result of the person waiving a preliminary hearing on the
felony charge, as a result of the municipal court or county court having
determined at a preliminary hearing that there is probable cause to believe
that the felony has been committed and that the alleged offender committed it,
as a result of the alleged offender having been indicted for the felony, or in
any other manner.

(E)
A
temporary protection order that is issued as a pretrial condition of release
under this section:

(1)
Is in
addition to, but shall not be construed as a part of, any bail set under
Criminal Rule 46;

(2)
Is effective
only until the occurrence of either of the following:

(a)
The
disposition, by the court that issued the order or, in the circumstances
described in division (D)(4) of this section, by the court of common pleas to
which the alleged offender is bound over for prosecution, of the criminal
proceeding arising out of the complaint upon which the order is
based;

(b)
The issuance
of a protection order or the approval of a consent agreement, arising out of
the same activities as those that were the basis of the complaint upon which
the order is based, under section 3113.31 of the Revised Code;

(3)
Shall not be
construed as a finding that the alleged offender committed the alleged offense,
and shall not be introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the order is
based.

(F)
A person who
meets the criteria for bail under Criminal Rule 46 and who, if required to do
so pursuant to that rule, executes or posts bond or deposits cash or securities
as bail, shall not be held in custody pending a hearing before the court on a
motion requesting a temporary protection order.

(1)
A
copy of any temporary protection order that is issued under this section shall
be issued by the court to the complainant, to the alleged victim, to the person
who requested the order, to the defendant, and to all law enforcement agencies
that have jurisdiction to enforce the order. The court shall direct that a copy
of the order be delivered to the defendant on the same day that the order is
entered. If a municipal court or a county court issues a temporary protection
order under this section and if, subsequent to the issuance of the order, the
defendant who is the subject of the order is bound over to the court of common
pleas for prosecution as described in division (D)(4) of this section, the
municipal court or county court shall direct that a copy of the order be
delivered to the court of common pleas to which the defendant is bound
over.

(2)
Upon the
issuance of a protection order under this section, the court shall provide the
parties to the order with the following notice orally or by form:

"NOTICE

As a result of this
protection order, it may be unlawful for you to possess or purchase a firearm,
including a rifle, pistol, or revolver, or ammunition pursuant to federal law
under 18 U.S.C. 922(g)(8). If you have any questions whether this law makes it
illegal for you to possess or purchase a firearm or ammunition, you should
consult an attorney."

(3)
All
law enforcement agencies shall establish and maintain an index for the
temporary protection orders delivered to the agencies pursuant to division
(G)(1) of this section. With respect to each order delivered, each agency shall
note on the index, the date and time of the receipt of the order by the
agency.

(4)
A
complainant, alleged victim, or other person who obtains a temporary protection
order under this section may provide notice of the issuance of the temporary
protection order to the judicial and law enforcement officials in any county
other than the county in which the order is issued by registering that order in
the other county in accordance with division (N) of section 3113.31 of the
Revised Code and filing a copy of the registered protection order with a law
enforcement agency in the other county in accordance with that
division.

(5)
Any officer
of a law enforcement agency shall enforce a temporary protection order issued
by any court in this state in accordance with the provisions of the order,
including removing the defendant from the premises, regardless of whether the
order is registered in the county in which the officer's agency has
jurisdiction as authorized by division (G)(4) of this section.

(H)
Upon a
violation of a temporary protection order, the court may issue another
temporary protection order, as a pretrial condition of release, that modifies
the terms of the order that was violated.

(1)
As
used in divisions (I)(1) and (2) of this section, "defendant" means a person
who is alleged in a complaint to have committed a violation, offense of
violence, or sexually oriented offense of the type described in division (A) of
this section.

(2)
If a
complaint is filed that alleges that a person committed a violation, offense of
violence, or sexually oriented offense of the type described in division (A) of
this section, the court may not issue a temporary protection order under this
section that requires the complainant, the alleged victim, or another family or
household member of the defendant to do or refrain from doing an act that the
court may require the defendant to do or refrain from doing under a temporary
protection order unless both of the following apply:

(a)
The
defendant has filed a separate complaint that alleges that the complainant,
alleged victim, or other family or household member in question who would be
required under the order to do or refrain from doing the act committed a
violation or offense of violence of the type described in division (A) of this
section.

(b)
The court
determines that both the complainant, alleged victim, or other family or
household member in question who would be required under the order to do or
refrain from doing the act and the defendant acted primarily as aggressors,
that neither the complainant, alleged victim, or other family or household
member in question who would be required under the order to do or refrain from
doing the act nor the defendant acted primarily in self-defense, and, in
accordance with the standards and criteria of this section as applied in
relation to the separate complaint filed by the defendant, that it should issue
the order to require the complainant, alleged victim, or other family or
household member in question to do or refrain from doing the act.

(1)
Subject to division (J)(2) of this section and
regardless of whether a protection order is issued or a consent agreement is
approved by a court of another county or a court of another state, no court or
unit of state or local government shall charge the
movant any fee, cost, deposit, or money in connection with the filing of
a motion pursuant to this section, in connection with the filing, issuance,
registration, modification, enforcement, dismissal,
withdrawal, or service of a protection order , consent
agreement, or witness subpoena or for obtaining a
certified copy of a protection order or consent agreement.

(2)
Regardless of whether a protection order is issued or
a consent agreement is approved pursuant to this section, if the defendant is
convicted the court may assess costs against the defendant in connection with
the filing, issuance, registration, modification, enforcement, dismissal,
withdrawal, or service of a protection order, consent agreement, or witness
subpoena or for obtaining a certified copy of a protection order or consent
agreement.

(1)
Upon the filing of a complaint that alleges a violation of section
2909.06 ,
2909.07 ,
2911.12 , or
2911.211 of the Revised Code if
the alleged victim of the violation was a family or household member at the
time of the violation, a violation of a municipal ordinance that is
substantially similar to any of those sections if the alleged victim of the
violation was a family or household member at the time of the violation, any
offense of violence if the alleged victim of the offense was a family or
household member at the time of the commission of the offense, or any sexually
oriented offense if the alleged victim of the offense was a family or household
member at the time of the commission of the offense, the complainant, the
alleged victim, or a family or household member of an alleged victim may file,
or, if in an emergency the alleged victim is unable to file, a person who made
an arrest for the alleged violation or offense under section
2935.03 of the Revised Code may
file on behalf of the alleged victim, a motion that requests the issuance of a
temporary protection order as a pretrial condition of release of the alleged
offender, in addition to any bail set under Criminal Rule 46. The motion shall
be filed with the clerk of the court that has jurisdiction of the case at any
time after the filing of the complaint.

(2)
For
purposes of section 2930.09 of the Revised Code, all
stages of a proceeding arising out of a complaint alleging the commission of a
violation, offense of violence, or sexually oriented offense described in
division (A)(1) of this section, including all proceedings on a motion for a
temporary protection order, are critical stages of the case, and a victim may
be accompanied by a victim advocate or another person to provide support to the
victim as provided in that section.

(B)
The
motion shall be prepared on a form that is provided by the clerk of the court,
which form shall be substantially as follows:

"MOTION FOR TEMPORARY
PROTECTION ORDER

.......................... Court

Name and address of
court

State of Ohio
v. No. ..........
.............................
Name of Defendant

(name of person), moves
the court to issue a temporary protection order containing terms designed to
ensure the safety and protection of the complainant, alleged victim, and other
family or household members, in relation to the named defendant, pursuant to
its authority to issue such an order under section
2919.26 of the Revised
Code.

A complaint, a copy of
which has been attached to this motion, has been filed in this court charging
the named defendant with .......................... (name of the specified
violation, the offense of violence, or sexually oriented offense charged) in
circumstances in which the victim was a family or household member in violation
of (section of the Revised Code designating the specified violation, offense of
violence, or sexually oriented offense charged), or charging the named
defendant with a violation of a municipal ordinance that is substantially
similar to ........................ (section of the Revised Code designating
the specified violation, offense of violence, or sexually oriented offense
charged) involving a family or household member.

I understand that I must
appear before the court, at a time set by the court within twenty-four hours
after the filing of this motion, for a hearing on the motion or that, if I am
unable to appear because of hospitalization or a medical condition resulting
from the offense alleged in the complaint, a person who can provide information
about my need for a temporary protection order must appear before the court in
lieu of my appearing in court. I understand that any temporary protection order
granted pursuant to this motion is a pretrial condition of release and is
effective only until the disposition of the criminal proceeding arising out of
the attached complaint, or the issuance of a civil protection order or the
approval of a consent agreement, arising out of the same activities as those
that were the basis of the complaint, under section
3113.31 of the Revised
Code.

..........................................

Signature of
person

(or signature of the
arresting officer who filed the motion on behalf of the alleged victim)

..........................................

Address of person (or
office address of the arresting officer who filed the motion on behalf of the
alleged victim)"

(1)
As
soon as possible after the filing of a motion that requests the issuance of a
temporary protection order, but not later than twenty-four hours after the
filing of the motion, the court shall conduct a hearing to determine whether to
issue the order. The person who requested the order shall appear before the
court and provide the court with the information that it requests concerning
the basis of the motion. If the person who requested the order is unable to
appear and if the court finds that the failure to appear is because of the
person's hospitalization or medical condition resulting from the offense
alleged in the complaint, another person who is able to provide the court with
the information it requests may appear in lieu of the person who requested the
order. If the court finds that the safety and protection of the complainant,
alleged victim, or any other family or household member of the alleged victim
may be impaired by the continued presence of the alleged offender, the court
may issue a temporary protection order, as a pretrial condition of release,
that contains terms designed to ensure the safety and protection of the
complainant, alleged victim, or the family or household member, including a
requirement that the alleged offender refrain from entering the residence,
school, business, or place of employment of the complainant, alleged victim, or
the family or household member. The court may include
within a protection order issued under this section a term requiring that the
alleged offender not remove, damage, hide, harm, or dispose of any companion
animal owned or possessed by the complainant, alleged victim, or any other
family or household member of the alleged victim, and may include within the
order a term authorizing the complainant, alleged victim, or other family or
household member of the alleged victim to remove a companion animal owned by
the complainant, alleged victim, or other family or household member from the
possession of the alleged offender.

(a)
If
the court issues a temporary protection order that includes a requirement that
the alleged offender refrain from entering the residence, school, business, or
place of employment of the complainant, the alleged victim, or the family or
household member, the order shall state clearly that the order cannot be waived
or nullified by an invitation to the alleged offender from the complainant,
alleged victim, or family or household member to enter the residence, school,
business, or place of employment or by the alleged offender's entry into one of
those places otherwise upon the consent of the complainant, alleged victim, or
family or household member.

(b)
Division (C)(2)(a) of this section does not limit any discretion of a court to
determine that an alleged offender charged with a violation of section
2919.27 of the Revised Code,
with a violation of a municipal ordinance substantially equivalent to that
section, or with contempt of court, which charge is based on an alleged
violation of a temporary protection order issued under this section, did not
commit the violation or was not in contempt of court.

(1)
Upon the filing of a complaint that alleges a violation of section
2909.06 ,
2909.07 ,
2911.12 , or
2911.211 of the Revised Code if
the alleged victim of the violation was a family or household member at the
time of the violation, a violation of a municipal ordinance that is
substantially similar to any of those sections if the alleged victim of the
violation was a family or household member at the time of the violation, any
offense of violence if the alleged victim of the offense was a family or
household member at the time of the commission of the offense, or any sexually
oriented offense if the alleged victim of the offense was a family or household
member at the time of the commission of the offense, the court, upon its own
motion, may issue a temporary protection order as a pretrial condition of
release if it finds that the safety and protection of the complainant, alleged
victim, or other family or household member of the alleged offender may be
impaired by the continued presence of the alleged offender.

(2)
If
the court issues a temporary protection order under this section as an ex parte
order, it shall conduct, as soon as possible after the issuance of the order, a
hearing in the presence of the alleged offender not later than the next day on
which the court is scheduled to conduct business after the day on which the
alleged offender was arrested or at the time of the appearance of the alleged
offender pursuant to summons to determine whether the order should remain in
effect, be modified, or be revoked. The hearing shall be conducted under the
standards set forth in division (C) of this section.

(3)
An
order issued under this section shall contain only those terms authorized in
orders issued under division (C) of this section.

(4)
If
a municipal court or a county court issues a temporary protection order under
this section and if, subsequent to the issuance of the order, the alleged
offender who is the subject of the order is bound over to the court of common
pleas for prosecution of a felony arising out of the same activities as those
that were the basis of the complaint upon which the order is based,
notwithstanding the fact that the order was issued by a municipal court or
county court, the order shall remain in effect, as though it were an order of
the court of common pleas, while the charges against the alleged offender are
pending in the court of common pleas, for the period of time described in
division (E)(2) of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or county court.
This division applies when the alleged offender is bound over to the court of
common pleas as a result of the person waiving a preliminary hearing on the
felony charge, as a result of the municipal court or county court having
determined at a preliminary hearing that there is probable cause to believe
that the felony has been committed and that the alleged offender committed it,
as a result of the alleged offender having been indicted for the felony, or in
any other manner.

(E)
A
temporary protection order that is issued as a pretrial condition of release
under this section:

(1)
Is in
addition to, but shall not be construed as a part of, any bail set under
Criminal Rule 46;

(2)
Is effective
only until the occurrence of either of the following:

(a)
The
disposition, by the court that issued the order or, in the circumstances
described in division (D)(4) of this section, by the court of common pleas to
which the alleged offender is bound over for prosecution, of the criminal
proceeding arising out of the complaint upon which the order is
based;

(b)
The issuance
of a protection order or the approval of a consent agreement, arising out of
the same activities as those that were the basis of the complaint upon which
the order is based, under section
3113.31 of the Revised
Code;

(3)
Shall not be
construed as a finding that the alleged offender committed the alleged offense,
and shall not be introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the order is
based.

(F)
A person who
meets the criteria for bail under Criminal Rule 46 and who, if required to do
so pursuant to that rule, executes or posts bond or deposits cash or securities
as bail, shall not be held in custody pending a hearing before the court on a
motion requesting a temporary protection order.

(1)
A
copy of any temporary protection order that is issued under this section shall
be issued by the court to the complainant, to the alleged victim, to the person
who requested the order, to the defendant, and to all law enforcement agencies
that have jurisdiction to enforce the order. The court shall direct that a copy
of the order be delivered to the defendant on the same day that the order is
entered. If a municipal court or a county court issues a temporary protection
order under this section and if, subsequent to the issuance of the order, the
defendant who is the subject of the order is bound over to the court of common
pleas for prosecution as described in division (D)(4) of this section, the
municipal court or county court shall direct that a copy of the order be
delivered to the court of common pleas to which the defendant is bound
over.

(2)
Upon the
issuance of a protection order under this section, the court shall provide the
parties to the order with the following notice orally or by form:

"NOTICE

As a result of this
protection order, it may be unlawful for you to possess or purchase a firearm,
including a rifle, pistol, or revolver, or ammunition pursuant to federal law
under 18 U.S.C.
922(g)(8) . If you have any
questions whether this law makes it illegal for you to possess or purchase a
firearm or ammunition, you should consult an attorney."

(3)
All
law enforcement agencies shall establish and maintain an index for the
temporary protection orders delivered to the agencies pursuant to division
(G)(1) of this section. With respect to each order delivered, each agency shall
note on the index, the date and time of the receipt of the order by the
agency.

(4)
A
complainant, alleged victim, or other person who obtains a temporary protection
order under this section may provide notice of the issuance of the temporary
protection order to the judicial and law enforcement officials in any county
other than the county in which the order is issued by registering that order in
the other county in accordance with division (N) of section
3113.31 of the Revised Code and
filing a copy of the registered protection order with a law enforcement agency
in the other county in accordance with that division.

(5)
Any
officer of a law enforcement agency shall enforce a temporary protection order
issued by any court in this state in accordance with the provisions of the
order, including removing the defendant from the premises, regardless of
whether the order is registered in the county in which the officer's agency has
jurisdiction as authorized by division (G)(4) of this section.

(H)
Upon a
violation of a temporary protection order, the court may issue another
temporary protection order, as a pretrial condition of release, that modifies
the terms of the order that was violated.

(1)
As
used in divisions (I)(1) and (2) of this section, "defendant" means a person
who is alleged in a complaint to have committed a violation, offense of
violence, or sexually oriented offense of the type described in division (A) of
this section.

(2)
If a
complaint is filed that alleges that a person committed a violation, offense of
violence, or sexually oriented offense of the type described in division (A) of
this section, the court may not issue a temporary protection order under this
section that requires the complainant, the alleged victim, or another family or
household member of the defendant to do or refrain from doing an act that the
court may require the defendant to do or refrain from doing under a temporary
protection order unless both of the following apply:

(a)
The
defendant has filed a separate complaint that alleges that the complainant,
alleged victim, or other family or household member in question who would be
required under the order to do or refrain from doing the act committed a
violation or offense of violence of the type described in division (A) of this
section.

(b)
The court
determines that both the complainant, alleged victim, or other family or
household member in question who would be required under the order to do or
refrain from doing the act and the defendant acted primarily as aggressors,
that neither the complainant, alleged victim, or other family or household
member in question who would be required under the order to do or refrain from
doing the act nor the defendant acted primarily in self-defense, and, in
accordance with the standards and criteria of this section as applied in
relation to the separate complaint filed by the defendant, that it should issue
the order to require the complainant, alleged victim, or other family or
household member in question to do or refrain from doing the act.

(1)
Subject to division (J)(2) of this section and
regardless of whether a protection order is issued or a consent agreement is
approved by a court of another county or a court of another state, no court or
unit of state or local government shall charge the
movant any fee, cost, deposit, or money in connection with the filing of
a motion pursuant to this section, in connection with the filing, issuance,
registration, modification, enforcement, dismissal,
withdrawal, or service of a protection order , consent
agreement, or witness subpoena or for obtaining a
certified copy of a protection order or consent agreement.

(2)
Regardless of whether a protection order is issued or
a consent agreement is approved pursuant to this section, if the defendant is
convicted the court may assess costs against the defendant in connection with
the filing, issuance, registration, modification, enforcement, dismissal,
withdrawal, or service of a protection order, consent agreement, or witness
subpoena or for obtaining a certified copy of a protection order or consent
agreement.

(1)
Whoever violates this section is guilty
of violating a protection order.

(2)
Except as otherwise provided in division (B)(3) or (4) of this section,
violating a protection order is a misdemeanor of the first degree.

(3)
If
the offender previously has been convicted of , pleaded guilty
to, or been adjudicated a delinquent child for a
violation of a protection order issued pursuant to section
2151.34 , 2903.213 , or 2903.214 of the Revised Code, two or more
violations of section
2903.21 ,
2903.211 ,
2903.22 , or
2911.211 of the Revised Code that
involved the same person who is the subject of the protection order or consent
agreement, or one or more violations of this section, violating a protection
order is a felony of the fifth degree.

(4)
If
the offender violates a protection order or consent agreement while committing
a felony offense, violating a protection order is a felony of the third degree.

(5)
If the
protection order violated by the offender was an order issued pursuant to
section 2151.34 or2903.214 of the
Revised Code that required electronic monitoring of the offender pursuant to
that section, the court may require in addition to any other sentence imposed
upon the offender that the offender be electronically monitored for a period
not exceeding five years by a law enforcement agency designated by the court.
If the court requires under this division that the offender be electronically
monitored, unless the court determines that the offender is indigent, the court
shall order that the offender pay the costs of the installation of the
electronic monitoring device and the cost of monitoring the electronic
monitoring device. If the court determines that the offender is indigent
and subject to the maximum amount allowable and the
rules promulgated by the attorney general under section
2903.214 of the Revised
Code, the costs of the installation of the electronic monitoring device
and the cost of monitoring the electronic monitoring device
may
be paid out of funds from the reparations fund created pursuant to section
2743.191 of the Revised Code.
The total amount paid from the reparations fund created
pursuant to section
2743.191 of the Revised Code for
electronic monitoring under this section and sections
2151.34 and
2903.214 of the Revised Code shall
not exceed three hundred thousand dollars per year.

(C)
It
is an affirmative defense to a charge under division (A)(3) of this section
that the protection order issued by a court of another state does not comply
with the requirements specified in
18 U.S.C.
2265(b) for a protection
order that must be accorded full faith and credit by a court of this state or
that it is not entitled to full faith and credit under
18 U.S.C.
2265(c) .

(D)
As
used in this section, "protection order issued by a court of another state"
means an injunction or another order issued by a criminal court of another
state for the purpose of preventing violent or threatening acts or harassment
against, contact or communication with, or physical proximity to another
person, including a temporary order, and means an injunction or order of that
nature issued by a civil court of another state, including a temporary order
and a final order issued in an independent action or as a pendente lite order
in a proceeding for other relief, if the court issued it in response to a
complaint, petition, or motion filed by or on behalf of a person seeking
protection. "Protection order issued by a court of another state" does not
include an order for support or for custody of a child issued pursuant to the
divorce and child custody laws of another state, except to the extent that the
order for support or for custody of a child is entitled to full faith and
credit under the laws of the United States.

(a)
If a
defendant is charged with a violation of section 2919.27 of the Revised Code or
of a municipal ordinance that is substantially similar to that section, the
court may order an evaluation of the mental condition of the defendant if the
court determines that either of the following criteria apply:

(i)
If
the alleged violation is a violation of a protection order issued or consent
agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code,
that the violation allegedly involves conduct by the defendant that caused
physical harm to the person or property of a family or household member covered
by the order or agreement, or conduct by the defendant that caused a family or
household member to believe that the defendant would cause physical harm to
that member or that member's property.

(ii)
If
the alleged violation is a violation of a protection order issued pursuant to
section 2903.213 or 2903.214 of the Revised Code or a protection order issued
by a court of another state, that the violation allegedly involves conduct by
the defendant that caused physical harm to the person or property of the person
covered by the order, or conduct by the defendant that caused the person
covered by the order to believe that the defendant would cause physical harm to
that person or that person's property.

(b)
If a
defendant is charged with a violation of section 2903.211 of the Revised Code
or of a municipal ordinance that is substantially similar to that section, the
court may order an evaluation of the mental condition of the
defendant.

(2)
An evaluation
ordered under division (A)(1) of this section shall be completed no later than
thirty days from the date the order is entered pursuant to that division. In
that order, the court shall do either of the following:

(a)
Order that the evaluation of the mental condition of the defendant be preceded
by an examination conducted either by a forensic center that is designated by
the department of mental health and addiction services to conduct examinations
and make evaluations of defendants charged with violations of section 2903.211
or 2919.27 of the Revised Code or of substantially similar municipal ordinances
in the area in which the court is located, or by any other program or facility
that is designated by the department of mental health and addiction services or
the department of developmental disabilities to conduct examinations and make
evaluations of defendants charged with violations of section 2903.211 or
2919.27 of the Revised Code or of substantially similar municipal ordinances,
and that is operated by either department or is certified by either department
as being in compliance with the standards established under division (B)(7) of
section 5119.10 of the Revised Code or division (C) of section 5123.04 of the
Revised Code.

(b)
Designate a
center, program, or facility other than one designated by the department of
mental health and addiction services or the department of developmental
disabilities, as described in division (A)(2)(a) of this section, to conduct
the evaluation and preceding examination of the mental condition of the
defendant.

Whether the court acts
pursuant to division (A)(2)(a) or (b) of this section, the court may designate
examiners other than the personnel of the center, program, facility, or
department involved to make the evaluation and preceding examination of the
mental condition of the defendant.

(B)
If
the court considers that additional evaluations of the mental condition of a
defendant are necessary following the evaluation authorized by division (A) of
this section, the court may order up to two additional similar evaluations.
These evaluations shall be completed no later than thirty days from the date
the applicable court order is entered. If more than one evaluation of the
mental condition of the defendant is ordered under this division, the
prosecutor and the defendant may recommend to the court an examiner whom each
prefers to perform one of the evaluations and preceding examinations.

(1)
The
court may order a defendant who has been released on bail to submit to an
examination under division (A) or (B) of this section. The examination shall be
conducted either at the detention facility in which the defendant would have
been confined if the defendant had not been released on bail, or, if so
specified by the center, program, facility, or examiners involved, at the
premises of the center, program, or facility. Additionally, the examination
shall be conducted at the times established by the examiners involved. If such
a defendant refuses to submit to an examination or a complete examination as
required by the court or the center, program, facility, or examiners involved,
the court may amend the conditions of the bail of the defendant and order the
sheriff to take the defendant into custody and deliver the defendant to the
detention facility in which the defendant would have been confined if the
defendant had not been released on bail, or, if so specified by the center,
program, facility, or examiners involved, to the premises of the center,
program, or facility, for purposes of the examination.

(2)
A
defendant who has not been released on bail shall be examined at the detention
facility in which the defendant is confined or, if so specified by the center,
program, facility, or examiners involved, at the premises of the center,
program, or facility.

(D)
The
examiner of the mental condition of a defendant under division (A) or (B) of
this section shall file a written report with the court within thirty days
after the entry of an order for the evaluation of the mental condition of the
defendant. The report shall contain the findings of the examiner; the facts in
reasonable detail on which the findings are based; the opinion of the examiner
as to the mental condition of the defendant; the opinion of the examiner as to
whether the defendant represents a substantial risk of physical harm to other
persons as manifested by evidence of recent homicidal or other violent
behavior, evidence of recent threats that placed other persons in reasonable
fear of violent behavior and serious physical harm, or evidence of present
dangerousness; and the opinion of the examiner as to the types of treatment or
counseling that the defendant needs. The court shall provide copies of the
report to the prosecutor and defense counsel.

(E)
The
costs of any evaluation and preceding examination of a defendant that is
ordered pursuant to division (A) or (B) of this section shall be taxed as court
costs in the criminal case.

(F)
If
the examiner considers it necessary in order to make an accurate evaluation of
the mental condition of a defendant, an examiner under division (A) or (B) of
this section may request any family or household member of the defendant to
provide the examiner with information. A family or household member may, but is
not required to, provide information to the examiner upon receipt of the
request.

(2)
"Examiner" means a psychiatrist, a licensed independent social worker who is
employed by a forensic center that is certified as being in compliance with the
standards established under division (B)(7) of section 5119.10 or division (C)
of section 5123.04 of the Revised Code, a licensed professional clinical
counselor who is employed at a forensic center that is certified as being in
compliance with such standards, or a licensed clinical psychologist, except
that in order to be an examiner, a licensed clinical psychologist shall meet
the criteria of division (I) of
section 5122.01 of the Revised Code or be employed to conduct examinations by
the department of mental health and addiction services or by a forensic center
certified as being in compliance with the standards established under division
(B)(7) of section 5119.10 or division (C) of section 5123.04 of the Revised
Code that is designated by the department of mental health and addiction
services.

(3)
"Family or
household member" has the same meaning as in section 2919.25 of the Revised
Code.

(4)
"Prosecutor"
has the same meaning as in section 2935.01 of the Revised Code.

(5)
"Psychiatrist" and "licensed clinical psychologist" have the same meanings as
in section 5122.01 of the Revised Code.

(6)
"Protection order issued by a court of another state" has the same meaning as
in section 2919.27 of the Revised Code.

(A)
As
used in this section, "protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.

(B)
A
person who has obtained a protection order issued by a court of another state
may provide notice of the issuance of the order to judicial and law enforcement
officials in any county of this state by registering the order in that county
and filing a copy of the registered order with a law enforcement agency in that
county. To register the order, the person shall obtain a certified copy of the
order from the clerk of the court that issued the order and present that
certified copy to the clerk of the court of common pleas or the clerk of a
municipal court or county court in the county in which the order is to be
registered. Upon accepting the certified copy of the order for registration,
the clerk shall place an endorsement of registration on the order and give the
person a copy of the order that bears proof of registration. The person then
may file with a law enforcement agency in that county a copy of the order that
bears proof of registration.

(C)
The
clerk of each court of common pleas and the clerk of each municipal court and
county court shall maintain a registry of certified copies of protection orders
issued by courts of another state that have been registered with the clerk.
Each law enforcement agency shall establish and maintain a registry for
protection orders delivered to the agency pursuant to this section. The agency
shall note in the registry the date and time that the agency received an
order.

(D)
An officer
of a law enforcement agency shall enforce a protection order issued by a court
of another state in accordance with the provisions of the order, including
removing the person allegedly violating the order from the premises, regardless
of whether the order is registered as authorized by division (B) of this
section in the county in which the officer's agency has jurisdiction.

(1)
Subject to division (E)(2) of this section and
regardless of whether a protection order is issued or a consent agreement is
approved by a court of another county or a court of another state, no court or
unit of state or local government shall charge a person
who registers and files an order any fee, cost, deposit, or money in
connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal, or
service of a protection order , consent agreement, or
witness subpoena or for obtaining a certified copy of a protection order
or consent agreement, including a protection order issued by a court of another
state.

(2)
Regardless of whether a protection order is issued or
a consent agreement is approved pursuant to this section, the court may assess
costs against the person who is subject to a registered and filed order in
connection with the filing, issuance, registration, modification, enforcement,
dismissal, withdrawal, or service of a protection order, consent agreement, or
witness subpoena or for obtaining a certified copy of a protection order or
consent agreement.